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11-20-2025 Special Called City Council Meeting Agenda Packet
CITY OF FAIRHOPE SPECIAL CALLED CITY COUNCIL MEETING AGENDA Thursday, November 20, 2025 - 3:30 PM Jack Burrell Joshua Gammon Jimmy Conyers Jay Robinson Andrea Booth Invocation and Pledge of Allegiance Final Adoption the property of Achee Properties to R-1, Low Density Single- approximately 14 acres and is located at 6796 Twin Beech Road. PPIN #: 3747. Final Adoption Disposal: Sections 21-76 and 21- Final Adoption Fairhope; and hereby authorizes Mayor Sherr Fairhope; and hereby authorizes Page 1 of 207 Special Called City Council Meeting Agenda November 20, 2025 Page - 2 - 11. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Grant Management, Inc. for Professional Consulting Services for (RFQ PS26-008) Grants and Grant Management with a not-to- Contract Amendment No. 1 for (RFQ PS25- Station Upgrade at the Grand Hotel wi Treatment Plant Belt Press to Roof Doctors for a not-to- $54,936.00. This Public Works p for grease abatement from Enviro- Code of Alabama 1975, Section 41-16-51(13). The annual cost will not-to Procurement. The total cost not-to- pursuant to Resolution No. 1650-10 ado Potting Soil Sungro MM830- existing Downtown Announcement System and upgrade the Audio System Wi Fi based on the option allowed by the Code of Alabama 1975, Section 41-16 51(13). The cost for the announcement system upgrade will not-to- Page 2 of 207 Special Called City Council Meeting Agenda November 20, 2025 Page - 3 - 19.Resolution - That the City of Fairhope has voted to approve TruNarc™ Delta Model and TruNarc™ based on the option allowed by the Code of Alabama 1975, Section 41-16 51(13). The total cost will not-to-exceed $38,950.00. The Agreement. This purchase constitutes a public purpose, and the City can fur PS26- 2025 with a not-to-exceed amount of entertainment at the Fairhope New Year's Eve 2025 Celebration for a not-to exceed amount of $9,500.00; and a performance. Regular Meetings of the City Council shall be held on the 2 nd and 4th Monday of each month immediately following the 4:30 p.m. Work Ses sion unless prescheduled and announced otherwise. Next Regular City Council Meeting, Monday, December 8, 2025, 6:00 p.m. Fairhope Municipal Complex City Council Chambers 161 North Section Street Fairhope, AL 36532 Page 3 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1123 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of November 10, 2025, Regular City Council Meeting and minutes of November 10, 2025, Work Session. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: Approve minutes of November 10, 2025, Regular City Council Meeting and minutes of November 10, 2025, Work Session. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 4 of 207 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 10 November 2025. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Conyers called the meeting to order at 5:30 p.m. The invocation was given by Reverend Matt McCollum of Trinity Presbyterian Church, and the Pledge of Allegiance was recited. Councilmember Burrell moved to approve minutes of the October 27, 2025, regular meeting, minutes of the October 27, 2025, work session; and November 3, 2025, minutes of the City Council organizational meeting. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and thanked the Community Affairs Department, the Police Department, and the Public Works Department for their hard work with the Veterans Day service. She said that Frank McCardle was selected at Veteran of the Year. She announced that Sally Deane with Executive Director of Ecumenical Ministries will flip the switch for the Lighting of Trees. Mayor Sullivan said the City was collecting food for their food pantry and named the drop off sites. She said the City of Fairhope helps citizens in need with Utility funds. Sonny Brewer read a letter addressed to Mayor Sullivan and told everyone that the Tolstoy Park Committee has met the match from the Fairhope Single Tax Corporation’s donation of $184,500.00; and have reached their goal of $369,000.00 to relocate Henry Stuart’s Round House. (a copy of the letter is attached at the end of the minutes) Mayor Sullivan thanked the Committee for achieving their goal. Mayor Sullivan reminded everyone of the Fairhope Film Festival, mentioned the Fairhope Pirates Football Team has made it to the second road, and St. Michael Catholic High School is also in the playoffs. The following individuals spoke during Public Participation for Agenda Items: 1) Andy Parvin, 104 Pecan Avenue, addressed the City Council regarding Agenda Item No. 14: a resolution To award (Bid No. 26-002-2024-PWI-018A) to Chris Brewer Contracting Inc. for Pecan Avenue Watershed Drainage Improvements - Phase 1 with a bid proposal not-to-exceed $545,810.00. He thanked the City for their help and continue commitment. Page 5 of 207 10 November 2025 Mr. Parvin also addressed Agenda Item No. 27: Jack Powell, President of the Fairhope Sunset Rotary, requesting permission to set up our grill on De La Mare Avenue Street in front of the Lyons Share on the night of the tree lighting, November 21, 2025. We will be giving out free hotdogs and sausage dogs to our community at no cost. He said they just need access and to setup grill in front of the Lyons Share. He was in favor of this resolution. Councilmember Burrell asked the Councilmembers to support Ordinance No. 8 for another pause by extending the temporary suspension of consideration of certain residential Multiple Occupancy Project and Subdivision applications in the City of Fairhope and for other purposes. Councilmember Gammon thanked the City Council, Department Heads, Mayor Sullivan, and City Clerk Lisa Hanks for all of their help. Councilmember Gammon said he supports Ordinance No. 8 for a pause. Councilmember Robinson said he agreed with Mayor Sullivan regarding her comments on the football team. He mentioned the 12 year olds football team who played in the “Super Bowl” and Mayor Sullivan was their cheering on the team. Councilmember Booth thanked the Department Heads and for what they do for the City. Council President Conyers said his favorite event is the Lighting of Trees. He mentioned Veterans Day and asked any veterans to stand. Everyone clapped for their service which gives us our freedom. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Burrell introduced in writing an ordinance to zone the property of Achee Properties to R-1, Low Density Single- Family Residential District for Hill Top North concurrent with annexation. The property is approximately 14 acres and is located at 6796 Twin Beech Road. PPIN #3747. The Planning Commission gave a favorable recommendation of this ordinance. Council President Conyers read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Conyers opened the Public Hearing at 5:50 p.m. 1) Will Graham with Jade Consulting, LLC addressed the City Council and said his client will be changing the name. The Councilmembers questioned number of lots and type of homes. Mr. Graham replied there will be 13 lots; and the homes will have a Hilltop feel, custom homes with low impact design. Page 6 of 207 10 November 2025 No one present opposed the proposed ordinance, the Public Hearing closed at 5:54 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the November 24, 2025 City Council meeting. Councilmember Burrell introduced in writing an ordinance to Repeal and Replace Ordinance No. 722: Chapter 21: Article VI. Garbage and Trash Collection and Disposal: Sections 21-76 and 21-77. Due to lack of a motion for immediate consideration, this ordinance will layover until the November 24, 2025 City Council meeting. Councilmember Gammon introduced in writing an ordinance to amend Ordinance No.1689 the Bylaws of the Environmental Advisory Board. Due to lack of a motion for immediate consideration, this ordinance will layover until the November 24, 2025 City Council meeting. Councilmember Burrell introduced in writing Ordinance No. 1847, an ordinance of the City of Fairhope, Alabama to protect the health, safety, and general welfare of the people, to extend the temporary suspension of consideration of certain residential Multiple Occupancy Project and Subdivision applications in the City of Fairhope and for other purposes. In order to take immediate action, Councilmember Burrell moved for immediate consideration. Seconded by Councilmember Gammon, motion for immediate consideration passed unanimously by the following voice votes: AYE – Burrell, Gammon, Conyers, Robinson, and Booth. NAY – None. Councilmember Burrell then moved for final adoption of Ordinance No. 1847. Seconded by Councilmember Gammon, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, Robinson, and Booth. NAY – None. Councilmember Robinson moved to table indefinitely Agenda Item No. 9: an Ordinance to amend Ordinance No. 1253 and amendments from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance. (Introduced at the October 27, 2025, City Council Meeting.) Seconded by Councilmember Booth, motion passed unanimously by voice vote. Planning Director Hunter Simmons addressed the City Council regarding Encounter Development LLC requesting an 180 day extension the Site Plan approval that was granted for the property located north of State Highway 104 and east of State Highway 181, known as Encounter House Relocation. The Site Plan was approved on November 21, 2024. Councilmember Burrell moved to approve the request for an 180 day extension listed above. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 7 of 207 10 November 2025 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-010-2025-PWI-013) to M & N of Alabama, LLC for Maintenance Dredging and Shoreline Re -nourishment - Fly Creek with a bid proposal not-to-exceed $717,774.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Council President Conyers thanked the Yacht Club and partnership; and said he wished the “Third Party” would help. RESOLUTION NO. 5630-25 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. 26 -010- 2025-PWI-013) Maintenance Dredging and Shoreline Re-nourishment – Fly Creek for the City of Fairhope Public Works – Engineering. [2] At the appointed time and place, the following bids were opened and tabulated as follows: American Marine Technical Solutions, LLC $ 946,691.60 Blue Diving & Salvage, LLC $ 848,272.00 C & M Dredging, Inc. $1,238,258.00 Fish Tec, Inc. $1,510.959.00 M & N of Alabama, LLC $ 717,774.00 STEM Construction $ 938,732.90 [3] After evaluating the bid proposals with the required bid specifications, M&N of Alabama, LLC is now awarded (Bid No. 26-010-2025-PWI-013) Maintenance Dredging and Shoreline Re-nourishment – Fly Creek for the City of Fairhope Public Works - Engineering with a bid proposal not-to-exceed $717,774.00. (a copy of the bid tab is on file in the City Clerk’s office) ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025 _________________________________ James Reid Conyers, Jr., Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 8 of 207 10 November 2025 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes the Mayor to enter into a Memorandum of Understanding with Fairhope Yacht Club establishing they will pay 50% of the project cost as presented in this MOU for the Channel Dredging Project at Fly Creek; and acknowledges and agrees that a valuable public purpose will be served by entering into this public-private partnership. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5631-25 WHEREAS, Fly Creek is a significant natural resource for the City of Fairhope; and the Fly Creek basin represents the only navigable, protected harbor within the City of Fairhope; and WHEREAS, the City Council supports the full dredging of the Fly Creek Navigation Channel and City Staff has solicited Bids for this project; and WHEREAS, By the City of Fairhope sharing of the cost of the dredging of the Fly Creek Harbor Channel with other parties will insure safe and continuous public water access to all citizens and visitors needing to navigate Fly Creek, its basins, harbors, and shores; and WHEREAS, the City Council acknowledges and agrees that a valuable public purpose will be served by entering into a public-private partnership with the Fairhope Yacht Club for the Channel Dredging Project at Fly Creek. WHEREAS, the City of Fairhope is desirous to partner with the Fairhope Yacht Club (“FYC”) for the full dredging of the Fly Creek Navigation Channel in Mobile Bay. The partnership will be a fifty/fifty match for dredging and placement of spoils on North and South beaches. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City Council authorizes the Mayor to enter into a Memorandum of Understanding with Fairhope Yacht Club establishing they will pay 50% of the project cost as presented in this MOU for the Channel Dredging Project at Fly Creek; and acknowledges and agrees that a valuable public purpose will be served by entering into this public-private partnership. ADOPTED ON THIS 10TH DAY OF NOVEMBER, 2025 _________________________________ James Reid Conyers, Jr., Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 9 of 207 10 November 2025 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the New Bathrooms - Magnolia Beach/Pier Avenue Boat Ramp to Thomas Industries, Inc. d/b/a Thomas Construction for a not-to-exceed project cost of $98,726.00. 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 $23,726.00 from General Fund to Capital Projects Fund . Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5632-25 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 New Bathrooms at Magnolia Beach/Pier Avenue Boat Ramp Project to Thomas Industries, Inc. d/b/a Thomas Construction for a not-to-exceed project cost of $98,726.00. 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 $23,726.00 from General Fund to Capital Projects Fund. DULY ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025 _______________________________ James Reid Conyers, Jr., Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-002-2024-PWI-018A) to Chris Brewer Contracting Inc. for Pecan Avenue Watershed Drainage Improvements - Phase 1 with a bid proposal not-to-exceed $545,810.00. Authorize Treasurer to transfer $74,252.00 from Phase II to Phase I of project within Capital Projects fund 103-55853. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Page 10 of 207 10 November 2025 RESOLUTION NO. 5633-25 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. 26-002- 2024-PWI-018A) Pecan Avenue Watershed Drainage Improvements – Phase I for the City of Fairhope Public Works – Engineering. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 26-002-2024-PWI-018A) Pecan Avenue Watershed Drainage Improvements – Phase I [3] After evaluating the bid proposals with the required bid specifications, Chris Brewer Contracting Inc. is now awarded (Bid No. 26-002-2024-PWI-018A) Pecan Avenue Watershed Drainage Improvements – Phase I for the City of Fairhope Public Works - Engineering with a bid proposal not-to-exceed $545,810.00. [4] Authorize Treasurer to transfer $74,252.00 from Phase II to Phase I of project with Capital Projects fund 103-55853. ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025 _________________________________ James Reid Conyers, Jr., Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk * * Page 11 of 207 10 November 2025 Page 12 of 207 10 November 2025 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves Contract Amendment No. 1 for (RFQ PS25-028) for Professional Engineering Services for 8" Water Main Replacement Under Rock Creek Project with Krebs Engineering with an additional not-to-exceed amount of $15,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not-to-exceed annual amount of $45,000.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5634-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves Contract Amendment No. 1 for (RFQ PS25-028) for Professional Engineering Services for 8” Water Main Replacement Under Rock Creek Project with Krebs Engineering with an additional not-to-exceed amount of $15,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. The new contract total with a not-to-exceed annual amount of $45,000.00. ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025 _______________________________ James Reid Conyers, Jr., Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby rescinds Resolution No. 5506-25 for the award for quotes and labor for a replacement pump at Well #8; and hereby authorizes Mayor Sherry Sullivan to execute a rental agreement with Griner Drilling Service, Inc. to add a weekly fee for a submersible pump in Well #8 for a cost of $1,000.00, estimated for 25 weeks for an additional cost of $25,000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 13 of 207 10 November 2025 RESOLUTION NO. 5635-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby rescinds Resolution No. 5506-25 for the award for quotes and labor for a replacement pump at Well #8; and hereby authorizes Mayor Sherry Sullivan to execute a rental agreement with Griner Drilling Service, Inc. to add a weekly fee for a submersible pump in Well #8 for a cost of $1,000.00, estimated for 25 weeks for an additional cost of $25,000.00. ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025 ________________________________ James Reid Conyers, Jr., Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell 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 GeoCon Engineering & Materials Testing, Inc. for concrete testing at the Wastewater Treatment Plant (RFQ PS26-006) with a not-to- exceed amount of $7,500.00. Authorize Treasurer to transfer $7,500.00 from WW Professional Services to WWTP-System Improvement. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5636-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with GeoCon Engineering & Materials Testing, Inc. for concrete testing at the Wastewater Treatment Plant (RFQ PS26-006) with a not-to-exceed amount of $7,500.00. Authorize Treasurer to transfer $7,500.00 from WW Professional Services to WWTP-System Improvement. DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025 ________________________________ James Reid Conyers, Jr., Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 14 of 207 10 November 2025 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-060) to General Maintenance Contractors of East Alabama, Inc. d/b/a GMC Underground for Gas Department Contractor Annual Contract with an annual contract amount of $200,000.00. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5637-25 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. 25-060) Gas Department Contractor Annual Contract for the City of Fairhope Gas Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 25-060) Gas Department Contractor Annual Contract [3] After evaluating the bid proposals with the required bid specifications, General Maintenance Contractors of East Alabama, Inc. d/b/a/ GMC Underground is now awarded (Bid No. 25-60) Gas Department Annual Contract for the City of Fairhope Gas Department with a bid proposal not-to-exceed $200,000.00. ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025 _________________________________ James Reid Conyers, Jr., Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 15 of 207 10 November 2025 Page 16 of 207 10 November 2025 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby rejects all bids (Bid No. 26-003-2023-PWI-019) for Fairhope Pool Rehabilitation and authorizes the Mayor to negotiate a contract with the one bidder, pursuant to the Code of Alabama 1975, Section 41-16-50(4). Seconded by Councilmember Booth, motion passed unanimously by voice vote. * * Page 17 of 207 10 November 2025 RESOLUTION NO. 5638-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby rejects all bids (Bid No. 26- 003-2023-PWI-019) for Fairhope Pool Rehabilitation and authorizes the Mayor to negotiate a contract with the one bidder, pursuant to the Code of Alabama 1975, Section 41-16-50(4). Adopted on this 10th day of November, 2025 _______________________________ James Reid Conyers, Jr., Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for New Home Team Baseball Dugout at Volanta Ballpark to R.H. Deas Building Co. for a not-to-exceed project cost of $99,971.00. 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 $99,971.00 from the Press Box project (Project No. 2026REC020) to the Baseball Dugout project (Project No. 2026REC001) within Recreation Capital Improvements (001250-50475) in FY26 Budget. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. * * * Page 18 of 207 10 November 2025 RESOLUTION NO. 5639-25 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 New Home Team Baseball Dugout at Volanta Ballpark to R.H. Deas Building Co. for a not-to-exceed project cost of $99,971.00. 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 $99,971.00 from the Press Box project (Project No. 2026REC020) to the Baseball Dugout project (Project No. 2026REC001) within Recreation Capital Improvements (001250-50475) in FY26 Budget. DULY ADOPTED ON THIS 10TH DAY OF NOVEMBER 2025 _______________________________ James Reid Conyers, Jr., Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes Mayor Sherry Sullivan to execute an extension of the contract with Genesis Industrial Staffing, Inc. to supply temporary employees to supplement the existing workforce for the following departments: Adult Recreation/Special Events: $2,500.00, Streets Department: $15,000.00, Horticulture Department: $51,000.00, and Sanitation Department: $15,000.00; Total of $83,500.00. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. The motion was seconded by Councilmember Booth. Councilmember Gammon stated he would be abstaining from the vote due to Genesis being used at his place of work. After further discussion, motion passed by the following voice votes: AYE – Burrell, Conyers, Robinson, and Booth. NAY – None. ABSTAIN – Gammon. Page 19 of 207 10 November 2025 RESOLUTION NO. 5640-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute an extension of the contract with Genesis Industrial Staffing, Inc. to supply temporary employees to supplement the existing workforce for the following departments: Adult Recreation/Special Events: $2,500.00, Streets Department: $15,000.00, Horticulture Department: $51,000.00, and Sanitation Department: $15,000.00; Total of $83,500.00. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. ADOPTED THIS 10TH DAY OF NOVEMBER, 2025 _______________________________ James Reid Conyers, Jr., Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves to amend Resolution No. 5620-25 to adjust the not-to-exceed amounts for Long's Human Resource Services to supply temporary employees to supplement the existing workforce for the following departments: Adult Recreation/Special Events: $2,500.00, Streets Department: $3,537.47, and Landscape Department: $48,694.80; and add Sanitation Department: $15,000.00; Total of $69,732.27. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. The motion was seconded by Councilmember Booth. Councilmember Burrell stated that these are budgeted in the salaries. After further discussion, motion passed unanimously by voice vote. * * Page 20 of 207 10 November 2025 RESOLUTION NO. 5641-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves to amend Resolution No. 5620-25 to adjust the not-to-exceed amounts for Long’s Human Resource Services to supply temporary employees to supplement the existing workforce for the following departments: Adult Recreation/Special Events: $2,500.00, Streets Department: $3,537.47, and Landscape Department: $48,694.80; and add Sanitation Department: $15,000.00; Total of $69,732.27. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025 _______________________________ James Reid Conyers, Jr., Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Consulting Services for (RFQ PS26-008) Grants and Grant Management to Grant Management, LLC., and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * * Page 21 of 207 10 November 2025 RESOLUTION NO. 5642-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection by Mayor Sherry Sullivan for Professional Consulting Services for (RFQ PS26-008) Grants and Grant Management, LLC., and hereby authorize Mayor Sullivan to negotiate the not- to-exceed fee to be approved by Council. DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025 ______________________________ James Reid Conyers, Jr., Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution reappoint Gary Cowles as a Director to the Educational Building Authority of the City of Fairhope, Alabama - St. Michael Catholic High School with a term to expire on the second Monday of November 2027. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5643-25 A RESOLUTION APPOINTING A DIRECTOR TO THE EDUCATIONAL BUILDING AUTHORITY OF THE CITY OF FAIRHOPE, ALABAMA – ST. MICHAEL CATHOLIC HIGH SCHOOL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA (the “City Council”), as follows: Section 1. The City Council has found and determined and does hereby find, determine, and declare as follows: Page 22 of 207 10 November 2025 (a) The City Council has heretofore authorized the incorporation, and appointed the directors, of The Educational Building Authority of the City of Fairhope, Alabama - St. Michael’s Catholic High School (the “Authority”). (b) The current term of Mr. Gary Cowles as a director of the Authority expires on the second Monday of November, 2025. (c) It is in the best interests of the Authority and the City to reappoint Gary Cowles as a director of the Authority. Section 2. Pursuant to Section 16-17-5 of the Code of Alabama 1975, the City Council does hereby appoint the following person as a director of the Authority for the term ending on the date and year set opposite the name thereof: Name End of Term Mr. Gary Cowles Second Monday of November, 2027 Section 3. All ordinances, resolutions, orders, or parts of any thereof, of the City in conflict, or inconsistent, with any provision of this resolution hereby are, to the extent of such conflict or inconsistency, repealed. Section 4. This resolution shall take effect immediately. Duly passed and adopted this 10th day of November, 2025 James Reid Conyers, Jr., Council President SEAL Attest: Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute an Indemnity Agreement and Annual Party Agreement between Oak Hollow Farm Inc. and the City of Fairhope for the City’s Christmas Event for City Employees at the “Barn” on Friday, December 12, 2025, from 12:00 p.m. to 3:30 p.m. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Page 23 of 207 10 November 2025 RESOLUTION NO. 5644-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute an Indemnity Agreement and Annual Party Agreement between Oak Hollow Farm Inc. and the City of Fairhope for the City’s Christmas Event for City Employees at the “Barn” on Friday, December 12, 2025, from 12:00 p.m. to 3:30 p.m. DULY ADOPTED THIS 10TH DAY OF NOVEMBER, 2025 ________________________________ James Reid Conyers, Jr., Council President Attest: ____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell moved to grant the request of Blair Gewin requesting that the City Council grant a variance to Ordinance No. 1443, known as the Noise Ordinance for Friday, December 5, 2025, to host a rehearsal dinner for Janee and Jo Bonner's family in downtown Fairhope at the Apiary, 85 N. Bancroft Street. The event is scheduled to conclude at 10:30 p.m. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Councilmember Robinson moved to grant the request of Jack Powell, President of the Fairhope Sunset Rotary, requesting permission to set up our grill on De La Mare Avenue Street in front of the Lyons Share on the night of the tree lighting, November 20, 2025. We will be giving out free hotdogs and sausage dogs to our community at no cost. If the weather is cold enough, we will make a pot of apple cider as well. This is a great way to promote Rotary and all its efforts in our community as well as around the world. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. * * Page 24 of 207 10 November 2025 Councilmember Robinson moved to appoint and reappoint the following members to the Board of Adjustment & Appeals: appoint Bryan Flowers as a member to fulfill the remainder of Cathy Slagle’s term and Cathy Slagle moved to Supernumerary Member to fill the remainder of Bryan Flowers’ term; and both terms shall end October 21, 2026; and to reappoint Ryan Baker with term ending October 21, 2026; Donna Cook and Anil Vira with both terms ending October 21, 2027, and Frank Lamia with term ending October 21, 2028; and David Martin as Supernumerary Member with term ending October 21, 2026. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Robinson moved to reappoint Amy Paulson and Jennifer Foutch to the Fairhope Environmental Advisory Board for a four-year term which will expire November 2029. Seconded by Councilmember Booth, motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by Ashley Gray, June LLC, d/b/a Locals, 312 Fairhope Avenue, Fairhope, AL 36532. Councilmember Burrell moved to approve the issuance of the license. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. City Council reviewed an application for a Special Events License by Thomas Bratton McGregor, Bottles Up Mobile Inc., d/b/a Bottles Up Mobile, Apiary, 85 N. Bancroft St., Fairhope, AL 36532. Councilmember Burrell moved to approve the issuance of the license. Seconded by Councilmember Robinson, 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. The approximate time to be in Executive Session is 60 minutes. Councilmember Gammon moved to go into Executive Session. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Exited the dais at 6:26 p.m. Returned at 7:26 p.m. Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. * * Page 25 of 207 10 November 2025 There being no further business to come before the City Council, the meeting was duly adjourned at 7:27 p.m. James Reid Conyers, Jr., Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 26 of 207 10 November 2025 Page 27 of 207 STATE OF ALABAMA ) ( : COUNTY OF BALDWIN ) ( The City Council met in a Work Session at 4:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 10 November 2025. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Council President Conyers called the meeting to order at 4:30 p.m. The following topics were discussed: • The first item on the Agenda was the Committee Updates. Councilmember Burrell stated that the Fairhope Airport Authority was meeting on November 18, 2025. • Councilmember Gammon stated that the Tree Committee would be mee ting this week on Wednesday. • Councilmember Booth gave an update on the Library Board and the Pedestrian and Bicycle Committee. • City Engineer Richard Johnson addressed the City Council regarding Agenda Item s No. 12, No. 11, No. 13, No. 14, No. 19, and No. 20; and answered any questions if needed. • Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Item No. 18; and answered any questions if needed. • Public Works Director George Ladd addressed the City Council regarding Agenda Item No. 6; and answered any questions if needed. • Human Resources Director Hannah Noonan addressed the City Council regarding Agenda Items No. 21 and No. 22; and answered any questions if needed. • Utilities Engineer Noel Berry addressed the City Council regarding Agenda Items No. 15, No. 16, and No. 17; and answered any questions if needed. • Planning & Zoning Director Hunter Simmons addressed the City Council regarding Agenda Items No. 5, No. 9, No. 8, No. 28, and No. 10; and answered any questions if needed. • Police Chief Stephanie Hollinghead addressed the City Council regarding Agenda Items No. 26, No. 30, No. 31, and No. 27; and answered any questions if needed. • Grants Coordinator Nicole Love addressed the City Council regarding Agenda Items No. 7, No. 29, and No. 23; and answered any questions if needed. Page 28 of 207 Monday, 10 November 2025 Page -2- • Councilmember Burrell addressed the City Council regarding Agenda Items No. 8 and No. 9; and answered any questions if needed. He said we need to suspend the rules for immediate consideration for Agenda Item No. 8; and to indefinitely table Agenda Item No. 9. There being no further business to come before the City Council, the meeting was duly adjourned at 5:17 p.m. James Reid Conyers, Jr., Council President Lisa A. Hanks, MMC City Clerk Page 29 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-145 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Final Adoption – Ordinance – Amend Zoning Ordinance No. 1253; and to zone the property of Achee Properties to R-1, Low Density Single-Family Residential District for Hill Top North concurrent with annexation. The property is approximately 14 acres and is located at 6796 Twin Beech Road. PPIN #: 3747. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: Request to re-zone property to R-1 - 15,000 s.f. lot minimum - largest single-family residential lots. Will have a follow-up preliminary plat whereby details will be resolved. The property has an existing cell tower on the site that will remain. Zoning request is linked with a request for annexation. (Introduced at the November 10, 2025 City Council Meeting) BUDGET IMPACT/FUNDING SOURCE: GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 30 of 207 ORDINANCE NO. ________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation of R-1, Low Density Single-Family Residential District, The property of Achee Properties (containing 14 acres, more or less) is generally located at 6796 Twin Beech Road, Fairhope, AL. (Case number ZC 25.09) Commencing at the northeast corner of Section 30, Township 6 South, Range 2 East Baldwin County, Alabama as shown on survey by Geo-Surveying, Inc. dated 11/08/99; thence run south 89°-53'-59" west along the north line of said Section 30 a distance of 1,115.33 feet; thence south 00°-06'-01" east a distance of 41.51 feet to a capped rebar (Wattier) on the south right-of-way line of Twin Beech Road (80' r/w) and the point of beginning of the following described parcel; thence run south 03°-08'-50" west a distance of 165.57 feet to a capped rebar (Wattier); thence run south 87°-16'-08" east a distance of 209.00 feet to a capped rebar (Wattier); thence run south 40°-15'-32" east a distance of 28.00 feet to a 1/2" open top pipe; thence run north 84°-29'-43" east a distance of 167.50 feet to a 1" open top pipe; thence run north 89°-36'-27" east a distance of 232.03 feet to a capped rebar (R&C); thence run south 00°-05'-46" east a distance of 428.55 feet to a capped rebar (Wattier); thence run south 89°-57'-54" west a distance of 165.27 feet to a capped rebar (Fairhope) at the northeast corner of hill top subdivision, phase two as recorded in slide 2893-f of the records in the office of the Judge of Probate, Baldwin County, Alabama; thence run south 89°-19'-43" west along the north line of said subdivision a distance of 457.58 feet to a capped rebar (HMR) at the northwest corner of said subdivision; thence run north 89°- 41'-56" west a distance of 541.09 feet to a capped rebar (Wattier); thence run north 00°-03'-42" west a distance of 603.45 feet to a capped rebar (illegible) on the south right-of-way line of Twin Beech Road; thence run north 89°-17'-51" east a distance of 547.34 feet to the point of beginning. The described parcel contains 13.71 acres, more or less, and is the same parcel as described in the statutory warranty deed recorded as Instrument 1873518 of the Records in the Office of the Judge of Probate, Baldwin County, Alabama. A map of the property to be rezoned is attached as Exhibit A. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Page 31 of 207 Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. Page 32 of 207 Page 33 of 207 Page 34 of 207 Page 35 of 207 Payton Rogers Approved Planning Commission (5 Ayes)(0 Nays) voted to recommend approval of ZC 25.09 City Council November 10, 2025 Page 36 of 207 ZC 25.09 – Hill Top North October 6, 2025 Page 1 of 6 SUMMARY OF REQUEST Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Achee Properties, for conditional annexation to R-1, Low Density Single-Family Residential District for Hill Top North. The property is approximately 14 acres and is located at 6796 Twin Beech Road. SITE HISTORY The subject site is currently located within Baldwin County jurisdiction. There have been no City of Fairhope Planning Commission or Board of Adjustment applications associated with this site. STAFF COMMENTS The subject site is currently zoned Base County Zoning District (BCZ) within Baldwin County jurisdiction. The Baldwin County Zoning Ordinance does not provide dimensional standards and is very vague regarding BCZ as it is intended to be a placeholder zoning designation. The site directly abuts TR, Tourism Resort District to the South as well as the original Hilltop Subdivision, zoned PUD within the City of Fairhope. All other properties abutting to the North, East, and West are located within Baldwin County jurisdiction and similarly zoned BCZ. All abutting properties are either undeveloped or being utilized for residential uses. An existing telecommunications tower is located on the subject site. As previously mentioned, if approved, the Applicant requests an R-1, Low Density Single-Family Residential District zoning designation. The City of Fairhope dimension standards and use table have been attached at the end of this report as an exhibit. Article III of the City of Fairhope Zoning Ordinance defines R-1 Districts and allowed Uses as follows: “R-1 Low Density Single-Family Residential District: This district is intended to provide choices of low- density suburban residential environment consisting of single -family homes on large parcels of land. It is sub- classified into four categories (R-1, R-1a, R-1b, and R-1c) based on lot sizes.” Properties zoned R-1 have a minimum lot area requirement of 15,000 square feet. The subject site is 13.71± acres (597,361± square feet) and as such, if approved, would have the potential for 39± lots to be proposed on site. However, it’s important to note that this calculation does not account for the existing telecommunications tower, lot setbacks, buffering, or consideration of other necessary infrastructure which will drastically reduce the number of potential future lots. If approved and annexed into the City, Staff supports the requested R -1 zoning designation as it is most analogous to the surrounding lots dimensions and existing land uses. Citizen Comments At the time this report was drafted no public comments were received. Wetlands The existence of wetlands on site will be confirmed, and protections will be addressed during the standard Subdivision and development process. Page 37 of 207 ZC 25.09 – Hill Top North October 6, 2025 Page 2 of 6 Utilities Utility information was not provided with this application and is not required. Utility requirements will be addressed during the standard Subdivision and development process. Page 38 of 207 ZC 25.09 – Hill Top North October 6, 2025 Page 3 of 6 REZONING CONSIDERATIONS Standards of Review: Article II Section C.1.e of the City of Fairhope Zoning Ordinance sets forth the following criteria for reviewing rezoning requests: 1) Compliance with the Comprehensive Plan; Staff Response: Compliant 2) Compliance with the standards, goals, and intent of this ordinance; Staff Response: Compliant 3) The character of the surrounding property, including any pending development activity; Staff Response: Compliant. Nearby properties consist of large parcels of land currently being utilized for residential and/or undeveloped areas. 4) Adequacy of public infrastructure to support the proposed development; Staff Response: The current application is a conditional annexation request for R -1 zoning without a Site Plan review. Future projects within the subject site shall be required to provide adequate public infrastructure. Development of the subject site requires Fairhope Water and Sewer services, hence the proposed annexation petition. 5) Impacts on natural resources, including existing conditions and ongoing post -development conditions; Staff Response: Existing conditions are primarily undeveloped aside from an existing telecommunications tower. Post development conditions may impact the existing natural resources on site. However, negative impacts will be limited as all future development must comply with the City of Fairhope Subdivision Regulations and Zoning Ordinance. 6) Compliance with other laws and regulations of the City; Staff Response: Full compliance with all municipal codes and ordinances will be required at the time of any future development. 7) Compliance with other applicable laws and regulations of other jurisdictions; Staff Response: Full compliance with all municipal codes and ordinances will be required at the time of any future development. 8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Staff Response: Site conditions are primarily undeveloped aside from an existing telecommunications tower. Post development conditions may impact property adjacent to the site. However, negative impacts will be limited as all future development must comply with the City of Fairhope Subdivision Regulations and Zoning Ordinance. Page 39 of 207 ZC 25.09 – Hill Top North October 6, 2025 Page 4 of 6 9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Staff Response: Site conditions are primarily undeveloped aside from an existing telecommunications tower. Post development conditions may impact the surrounding neighborhood. However, negative impacts will be limited as all future development must comply with the City of Fairhope Subdivision Regulations and Zoning Ordinance Recommendation: Staff recommends APPROVAL of ZC 25.09 – Hill Top North Conditional Annexation. Page 40 of 207 EXHIBITS ZC 25.09 – Hill Top North October 6, 2025 Page 5 of 6 Excerpt from Table 3-2: Dimension Table – Lots and Principle Structure Dimension District or Use Min. Lot Area / Allowed Units Per Acre (UPA) Min. Lot Width Front Setback Rear Setback Side Setback Street Side Setback Max. Total Lot Coverage by All Structures Max. Height R/A 3 acres/ - 198’ 75’ 75’ 25’ 50’ none 30’ R-1 15,000 s.f./ - 100’ 40’ 35’ 10’ b 20’ 40% 30’ a R-1a 40,000 s.f./ - 120’ 30’ 30’ 10’ b 20’ 25% 35’ R-1b 30,000 s.f./ - 100’ 30’ 30’ 10’ b 20’ 25% 35’ R-1c 20,000 s.f./ - 80’ 30’ 30’ 10’ b 20’ 25% 35’ Page 41 of 207 EXHIBITS ZC 25.09 – Hill Top North October 6, 2025 Page 6 of 6 Excerpt from Table 3-1: Use Table Zoning Districts R-1 (a, b, c) Zoning Districts R-1 (a, b, c) Use Categories / Specific Uses Use Categories / Specific Uses Dwelling Service Single-Family ● Convalescent or Nursing Home ○ Two-family Clinic ○ Townhouse Outdoor Recreation Facility ○ Patio Home Day Care ○ Multiple-family / Apartment General Personal Services Manufactured Home Mortuary or Funeral Home Mixed-use Automobile Repair Accessory Dwelling Indoor Recreation Estate Dry Cleaner / Laundry Civic Personal Storage Elementary School ● Bed & Breakfast Secondary School ● Hotel / Motel Education Facility ● Boarding House or Dormitory Library ● Recreational Vehicle Park Place of Worship Restaurant Cemetery ○ Bar Hospital Entertainment Venue Public Open Space ● Marina Common Open Space ● Kennel or Animal Hospital Community Center or Club ○ Warehouse Public Utility ○ Junk Yard or Salvage Yard Office Manufacturing General Limited Professional Light Home Occupation э General Retail Food Processing Grocery Rural Convenience Store Agriculture General Merchandise Rural Market Shopping Center Plant Nursery Automobile Service Station Outdoor Sales Limited Outdoor Sales Lot Garden Center ● = Allowed By-Right Э = Special Conditions ○ = On Appeal Page 42 of 207 Page 43 of 207 Page 44 of 207 Page 45 of 207 Page 46 of 207 STELLAR Team – eXp Realty LLC 11 N Water Street, Suite 10290 Mobile, AL 36602 Date: July 17, 2025 To: City of Fairhope AND Mr. Pat Achee RE: Official Tower Ownership and Tenancy Disclosure – 6570 Twin Beech Road, Fairhope, Alabama Dear City of Fairhope and Mr. Achee, Please accept this letter as formal documentation regarding the ownership and tenant details for the telecommunications tower located at 6570 Twin Beech Road, Fairhope, Alabama as provided by Crown Castle USA Inc. In response to your request, we are providing the following verified information: Tower Owner: Crown Castle USA Inc. 8020 Katy Freeway Houston, TX 77024 www.crowncastle.com Crown Castle Contact: Jim W. Robinson Real Estate Specialist III – Foreclosures / Operational Support Phone: (713) 570-3071 Fax: (724) 416-6271 Confirmed Tenants: (Lessee Carriers on the Tower) ● Verizon Wireless ● Southern Communications Services, Inc. ● AT&T Mobility ● DISH Wireless LLC If you require any additional documentation or clarification, please don’t hesitate to contact me directly. Sincerely, Cheryl Stovall STELLAR Team – eXp Realty LLC cheryl.stovall@exprealty.com (251) 206-9336 Page 47 of 207 STATE OF ALABAMA COUNTY OF BALDWIN COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 2 EAST BALDWIN COUNTY, ALABAMA AS SHOWN ON SURVEY BY GEO-SURVEYING, INC. DATED 11/08/99; THENCE RUN SOUTH 89°-53'-59" WEST ALONG THE NORTH LINE OF SAID SECTION 30 A DISTANCE OF 1,115.33 FEET; THENCE SOUTH 00°-06'-01" EAST A DISTANCE OF 41.51 FEET TO A CAPPED REBAR (WATTIER) ON THE SOUTH RIGHT-OF-WAY LINE OF TWIN BEECH ROAD (80' R/W) AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE RUN SOUTH 03°-08'-50" WEST A DISTANCE OF 165.57 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN SOUTH 87°-16'-08" EAST A DISTANCE OF 209.00 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN SOUTH 40°-15'-32" EAST A DISTANCE OF 28.00 FEET TO A 1/2" OPEN TOP PIPE; THENCE RUN NORTH 84°-29'-43" EAST A DISTANCE OF 167.50 FEET TO A 1" OPEN TOP PIPE; THENCE RUN NORTH 89°-36'-27" EAST A DISTANCE OF 232.03 FEET TO A CAPPED REBAR (R&C); THENCE RUN SOUTH 00°-05'-46" EAST A DISTANCE OF 428.55 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN SOUTH 89°-57'-54" WEST A DISTANCE OF 165.27 FEET TO A CAPPED REBAR (FAIRHOPE) AT THE NORTHEAST CORNER OF HILL TOP SUBDIVISION, PHASE TWO AS RECORDED IN SLIDE 2893-F OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 89°-19'-43" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 457.58 FEET TO A CAPPED REBAR (HMR) AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH 89°-41'-56" WEST A DISTANCE OF 541.09 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN NORTH 00°-03'-42" WEST A DISTANCE OF 603.45 FEET TO A CAPPED REBAR (ILLEGIBLE) ON THE SOUTH RIGHT-OF- WAY LINE OF TWIN BEECH ROAD; THENCE RUN NORTH 89°-17'-51" EAST A DISTANCE OF 547.34 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 13.71 ACRES, MORE OR LESS, AND IS THE SAME PARCEL AS DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED AS INSTRUMENT 1873518 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA. Page 48 of 207 Page 49 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-148 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: Ordinance Repealing and Replacing Ordinance No. 722: Chapter 21: Article VI. Garbage and Trash Collection and Disposal: Sections 21-76 and 21-77. (Introduced at the November 10, 2025 City Council Meeting) AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: 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 50 of 207 ORDINANCE NO. ____ The Code of Ordinances, City of Fairhope, Alabama, Chapter 21, Article VI. Garbage and Trash Collection and Disposal. Sections 21-76 and 21-77are hereby amended to reflect the following changes and additions: It shall be unlawful for any person or any agent thereof to use the City Landfill for the disposal of the clearings of any vacant lot, including, but not limited to, trees, limbs, stumps, trash or debris; or the dumping of any lumber, brick, stones, mortar or any other debris from the demolition of any house, building or other structure; or to use said Landfill for the disposal of any unauthorized disposable trash or garbage. (a) The use of the City landfill area is hereby limited to the residents who live inside the City limits of Fairhope. Any such resident shall be allowed to use the City Landfill without charge, during the designated hours as posted at the Landfill area, provided that said resident has a current decal affixed to his vehicle. Said decal, commonly known as a "Landfill Sticker," may be obtained at City hall during regular business hours by any resident who lives inside the City limits of Fairhope at no charge; and that proof of residency must be provided in the form of an Alabama State issued Identification Card (driver’s license for example), a Fairhope Public Utility Bill showing garbage charge, and a vehicle registration showing City Ad Valorem Taxes. Said decal is issued every other year and is current for two (2) years, as printed on the decal. (b) All other persons are hereby prohibited from using the City landfill area, if they are residents who do not live inside the City limits of Fairhope. Any person who shall be found using the Landfill, who does not live inside the City limits of Fairhope limits or who does not have a current decal, shall, upon conviction, be punished as provided in Section 1-8; provided, the fine shall not be less than one hundred dollars ($100.00). 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. Page 51 of 207 Ordinance No. _____ SECTION III. EFFECTIVE DATE Page 52 of 207 rz ~ ~ ~ 0 u ;:j 0 :i:: CJ') z rz ~ E-< CJ') < ~ . s "'O "' i :0 :, ,:i.. I ~ 0 z -d .... 0 I I I I ~ I ,._ I "' I 0 I ~ ! I ~ 0 ORDINANCE NO. pJ- AN ORDINANCE 'IO AMEND SECI'IONS 21-76, 21-77, and 21-78 OF THE CITY OF FAIRHOPE CODE OF ORDINANCES: USAGE OF CITY DUMP (OR GARBAGE DUMP) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOI.J.avS: Section One: Section 21-76, Code of Ordinances, is hereby arrended to read as follows: "Sec. 21-76. City Durrp--Prohibited usage. It shall be unlawful for any person or any agent thereof to use the City Durrp(or Garbage Durrp) for the disposal of the clearings of any VACJNr rm, including but not limited to, trees, limbs , stumps, trash, or debris; or the durrping of any lumber, brick, stones, rrortar or any other debris fran the DEM)LITION of any house, building, or other structure; or to use said Durrp for the disposal of any unautho rized disposable trash or garbage; without prior approval of the city evidenced by a "Temporary Durrp Pass" signed by the Building Official or his agent." Section 'Iwo: Section 21-77, Code of Ordinances, is hereby arrended to read as follows: "Sec. 21-77. Sarre--Residence & Decal requirerrent. (a) The use of the city land fill area, cam-only known as the City Durrp or Garbage Durrp, is hereby limited to the resident citizens of the confines of within the city limits. kny such resident shall be allowed to use the City Durrp without charge, during the designated hcurs as posted at the Durrp area, provided said resident has a current DEX:AL affixed to his vehicle. Said DEX:AL, camonly known as a "Beach Sticker", may be obtained at City Hall during regular business hours by any resident citizen,at no charge,by said citizen presenting his vehicle's current license tag receipt indicating the payrrent of city tax AND a current utility bill showing the payrrent of the rronthly Garbage Fee. Said DEX:AL is issued every other year and is current for two years as printed on Decal. City Tax, if anitted fran current license tag receipt, may be paid at the tine of application for DEX:AL. (b) All other persons are hereby prohibited fran using the city land fill area, or City Durrp (Garbage Durrp), if they are without the confines of the city limits. kny person who shall be found using the Durrp, who is not residing or located within the confines of the city limits or who does not have a current DEX:AL, shall, upon conviction, be punished as provided in Section 1-8, provided the fine shall be not less than one hundred dollars ($100.00)." Section Three: Section 21-78, sub-paragraph (b) only, is hereby voided in full as obsolete. Section Four: If any portion of this ordinance be found unconstitutional by a court of =rpetent jurisdiction, all other portions rerrain in full force and effect. Section Five: This ordinance shall take effect innediately upon due adoption and publication as required by law. ADOPTED THIS 27 DAY OF __ ~-+'I-------' 1983 • Page 53 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-149 FROM: Nicole Love, Grants Coordinator SUBJECT: An Ordinance to Amend Ordinance No.1689 the Bylaws of the Environmental Advisory Board. (Introduced at the November 10, 2025 City Council Meeting) AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: That the City Council adopts An Ordinance to Amend Ordinance No.1689 the Bylaws of the Environmental Advisory Board. BACKGROUND INFORMATION: Introduced at the November 10, 2025 City Council Meeting 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 54 of 207 ORDINANCE NO. ____ , as follows: Section 1. The Code of Ordinances, City of Fairhope, Alabama, Ordinance No. 1689, Chapter 2, Article III, Boards and Committees; Division 2. Environmental Advisory Board; Section 2-83 (d): Officers and meetings is hereby amended to reflect the following changes and additions: (a) The chairman of the board will be selected by majority vote of the members attending the first meeting of the year and may serve as long as the board decides. (b) The chairman will organize and preside over meetings and appoint members to special sub-committees as needed to accomplish issues being addressed. (c) A majority vote of attending members will be required before an issue is brought before the mayor and city council. (d) The monthly meeting will be held at 3:00 p.m. on the second Friday of every other month at a location determined by the chairman. Other special meetings may be called as needed. 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 beginning in January 2026 upon its due adoption and publication as required by law. ADOPTED AND APPROVED THIS 20TH DAY OF NOVEMBER, 2025 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 20TH DAY OF NOVEMBER, 2025 ______________________________ Sherry Sullivan, Mayor Page 55 of 207 ORDINA CE NO. 1689 AN ORDINA 'CE TO REPEAL AND REPLACE ORDINA CE NO. 1541 A D ORDI 1ANCE N0.1435 AND TOE TAB LI SH T HE BYLAWS OF THE FA IRHOP E E VIRO N l\'TENTAL ADVlSO RY BOARD ARTlCLE l. MlSS IO 1 The mission of this Board shall be to provide policy advice to the Mayor and C ity Council regarding e11viro11111e111a/ matters that concern the City of Fa irhope. ARTICLE II. MEMBERSHIP Section I . Members will be rcsidems of Fai rh ope. They will be imcrcstcd in th e environ111e111a/ issues . Employees of e11viro11111e111al agencies or companies having economic interests in e11viro11111e111al matters will be welcome to attend board meetings and comment on issues under rudy . Section 2. The board will consist of nine (9) member~. Members may be nominated by the Mayor, City Counci l or by other members. Members will be appointed by the ci ty council. A member with unwarmntcd absence from three (3) regular meetings per calendar year shall have resigned their appointment. Section 3 . T he City will assign a qualified employee to attend meetings and be responsible for taking meeting minutes to be distributed to members and other interested part ies and maintain an up-to-date listing of member an d their ad dre ses. Other City employees with e11 viro11111e111af responsibili ties arc urged to attend meetings. Sec tion 4. Th e Board may have sub--commi ttce s, uch as Tree or Recycling Committees , which will each have its own cha innan and appropriate objectives . Such sub-commi tt ees may meet separate ly as needed but will report their ac tivitic in regular monthly Board meetings . Section S. The City Council will appoin t one Councilmember to attend Board meetings and/or keep informed of Board ac tivities. At a m inimum , the Councilmember will meet with the Board Chairman every three months to keep appri sed of enviro11111e111a/ issues under consideration . ARTICLE Ill . OFFICERS AN D MEET INGS Section I . The Chainnan of th e Board will be se lected by majority vote of the members attending th e first meeting of the year and may ervc as long as the Board decides. Section 2 . The Chairma n will organize and preside over meetings an d appoint members to spec ial sub-committees as needed to accomplish issues being addressed . Sec tion 3. A majority vote of attending members wil l be requi red before an issue is brought before the Mayor and City Council. Section 4 . The month ly meeting will be he ld at 3:00 p .m. on the second Frid ay of each month at a location determin ed by the Chaim1an. Other s pe cial meetings may be called as needed. Page 56 of 207 II Ordinance No. 1689 Page -2- The sect ions , paragraphs, sen tences, clau cs and phrases of this o rd inance arc seve rable, and if any phra c , clau c, se ntence , paragraph or sec tion of this ordin an ce sh all be declared unconstitutional by a court of compete nt jurisdic tion, t hen such ruling shall not affect any other paragrap hs and cctio ns. since t he same would have been enacted by th e municipality council without the incorporation of any such unc onstitutional phrase, c lause, sentence, paragraph or sec tion . This ordinance shall take effect immediatel y, and upon its due adoption and publ ication as requi red by la w. ADOPTED A D APPROVED THIS 12TH DAY OF OCTOBE R 2020 ATTEST: ADOPT ED A D APPROVED THIS 12TH DAY OF OCTOBER 2020 KacioW ist Page 57 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-147 FROM: Kim Creech, CITY TREASURER SUBJECT: Accept the FAA funding of $919,099.00 and the 2.5% funding from ALDOT on behalf of the Fairhope Airport Authority for the replacement of taxiway lighting and guidance signage project. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: That the Mayor is hereby authorized to accept the FAA funding of $919,099.00 and the 2.5% funding from ALDOT on behalf of the Fairhope Airport Authority for the replacement of taxiway lighting and guidance signage project. BACKGROUND INFORMATION: Previous Council Actions: Resolution No 5322-22 Council meeting 1/13/2025, Approving and authorizing the application for the Fiscal 2025 Airport infrastructure grant project for H. L. "Sonny" Callahan Airport. Replace Taxiway lighting system & guidance signs. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $ $ $ GRANT: AIG No. 3-1-0029-033-2025 LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Page 58 of 207 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 59 of 207 RESOLUTION NO. ____ , the City of Fairhope, Alabama, as the designated Sponsor for H. L. “Sonny” Callahan Airport (KCQF) (“the Airport”) applied for Federal and State matching funds for Airport Improvement Program (AIP), Airport Infrastructure Grant (AIG), and ALDOT grants during fiscal year 2026; and , 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 , the Fairhope Airport Authority was awarded Grant Number 03-01-0029-033-2025 through the Airport Infrastructure Grant for the Replace Taxiway Lighting System and Guidance Signage Project (Phase1) with a total project costs are expected to be $967,473.00 with 95% of the project costs funded by the Federal Aviation Administration; 2.5% funded by the Alabama Department of Transportation; and 2.5% funded by the Fairhope Airport Authority; and , the City of Fairhope hereby authorizes the Mayor to accept these funds on behalf of the Fairhope Airport Authority for the replacement of taxiway lighting and guidance signage project. , by the City Council of the City of Fairhope, Alabama, that the Mayor is hereby authorized to accept the FAA funding of $919,099.00 and the 2.5% funding from ALDOT on behalf of the Fairhope Airport Authority for the replacement of taxiway lighting and guidance signage project. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 20th day of November, 2025. _______________________________ James Reid Conyers, Jr. Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk Page 60 of 207 Page 61 of 207 3-01-0029-033-2025 1 U.S. Department of Transportation Federal Aviation Administration Southern Region Alabama Jackson Airports District Office 10 Canebrake Blvd., Suite 100 Flowood, MS 39232 {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} The Honorable Sherry Sullivan Mayor City of Fairhope sherry.sullivan@fairhopeal.gov Dear Mayor Sullivan: The Grant Offer for Infrastructure Investment and Jobs Act (IIJA) Airport Infrastructure Grant (AIG) Project No. 3-01-0029-033-2025 at H. L. (Sonny) Callahan Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make any modification to the text, terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor’s authorized representative(s) (hereinafter “authorized representative”). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor’s attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor’s attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors, the authorized representative(s) and sponsor’s attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than June 27, 2025. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We May 30, 2025 Page 62 of 207 3-01-0029-033-2025 2 expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: For all grants, you must submit by December 31st of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. L. Derrik Owens, (769) 268-6964, lloyd.d.owens@faa.gov is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, {{Sig_es_:signer1: signature}} William J. Schuller Acting Manager William J. Schuller (May 30, 2025 06:36 CDT) William J. Schuller Page 63 of 207 3-01-0029-033-2025 3 U.S. Department of Transportation Federal Aviation Administration FY 2025 AIRPORT INFRASTRUCTURE GRANT GRANT AGREEMENT Part I - Offer Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area H. L. (Sonny) Callahan Airport Airport Infrastructure Grant Number 3-01-0029-033-2025 (herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.) The United States of America WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 02, 2025, for a grant of Federal funds for a project at or associated with the H. L. (Sonny) Callahan Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the H. L. (Sonny) Callahan Airport (herein called the “Project”) consisting of the following: Rehabilitate Medium Intensity Taxiway Lighting (MITL), Taxiway A -Phase 2 (construction) which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and Jobs Act(IIJA) (Public Law (P.L.) 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; and in consideration of (a) the Sponsor’s adoption and ratification of the attached Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor’s acceptance of this Offer; and (c) the May 30, 2025 Page 64 of 207 3-01-0029-033-2025 4 benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $919,099. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $919,099 for airport development or noise program implementation; and, $0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.C § 47142(b). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period and as stated in 49 U.S.C § 47142(b). Eligible project-related costs incurred on or after November 15, 2021 that comply with all Federal funding procurement requirements and FAA standards are allowable costs. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which Sponsors are authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination Page 65 of 207 3-01-0029-033-2025 5 Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA’s basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA. (c) The Sponsor may request that the FAA terminate the agreement under this section. 3. Ineligible or Unallowable Costs. In accordance with P.L. 117-58, Division J, Title VIII, and 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation (“Secretary”), and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, IIJA (P.L. 117-58), and the regulations, policies, and procedures of the Secretary. Per 2 CFR Page 66 of 207 3-01-0029-033-2025 6 § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before June 27, 2025, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. Page 67 of 207 3-01-0029-033-2025 7 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of IIJA Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buy American. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. Page 68 of 207 3-01-0029-033-2025 8 If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in IIJA (P.L. 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non- Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns it has entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and Page 69 of 207 3-01-0029-033-2025 9 ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Trafficking in Persons. 1. Posting of contact information. a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. 2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipients employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of commercial sex act during the period of time that the grant or cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in person, including the following acts; a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or 2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country’s housing and safety standards. b. The FAA, may unilaterally terminate this Grant, or take any remedial actions authorized by 22 U.S.C 7104b(c), without penalty, if any private entity under this Grant; i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; Page 70 of 207 3-01-0029-033-2025 10 ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the recipient or subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by the FAA at 2 CFR Part 1200. 3. Provision applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C 7104b(c), without penalty, if subrecipient than is a private entity under this award; i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General, immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA’s right to unilaterally terminate this Grant as described in paragraph (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78 and is addition to all other remedies for noncompliance that are available to the FAA under this Grant: c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). 5. Definitions. For purposes of this Grant award, term: a. “Employee” means either: i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or requirements. b. “Private entity” means: Page 71 of 207 3-01-0029-033-2025 11 i. Any entity, including for profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “involuntary servitude” have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 23. IIJA Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Exhibit “A” Property Map. The Exhibit “A” Property Map dated October 22, 2020, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)] and 2 CFR § 200.216. 27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any Page 72 of 207 3-01-0029-033-2025 12 amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department’s and FAA’s Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require the FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that the FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, the FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at https://www.congress.gov/bill/118th-congress/house-bill/3935/text 30. Applicable Federal Anti-Discrimination Laws. Pursuant to Section (3)(b)(iv), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, the sponsor: a. Agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of 31 U.S.C. 3729(b)(4); and b. certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws. 31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law. 32. National Airspace System Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the Page 73 of 207 3-01-0029-033-2025 13 maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If the FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including: (1) additional conditions on the award; (2) consistent with 49 U.S.C chapter 471, any remedy permitted under 2 C.F.R. 200.339– 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the USDOT; suspension or termination of the award; or suspension and debarment under 2 CFR part 180; or (3) any other remedy legally available. c. In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA. d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 CFR 200.346 and the Federal Claims Collection Standards (31 CFR parts 900–904). 33. Signage Costs for Construction Projects. The airport grant recipient hereby agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAA-prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 34. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter Page 74 of 207 3-01-0029-033-2025 14 SPECIAL CONDITIONS 35. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards. 36. Plans and Specifications Prior to Bidding. The Sponsor agrees that it will submit plans and specifications for FAA review prior to advertising for bids. 37. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. Page 75 of 207 3-01-0029-033-2025 15 The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.1 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION {{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}} (Signature) {{N_es_:signer1:fullname }} (Typed Name) {{N_es_:signer1:title }} (Title of FAA Official) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. William J. Schuller (May 30, 2025 06:36 CDT) William J. Schuller William J. Schuller Acting Manager, FAA JAN ADO Page 76 of 207 3-01-0029-033-2025 16 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.2 {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} City of Fairhope, Alabama (Name of Sponsor) {{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official) By:{{N_es_:signer2:fullname }} (Typed Name of Sponsor’s Authorized Official) (Title of Sponsor’s Authorized Official) 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. May 30, 2025 Sherry Sullivan Mayor Page 77 of 207 3-01-0029-033-2025 17 CERTIFICATE OF SPONSOR’S ATTORNEY I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __Alabama__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By:{{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. Marcus McDowell (Jun 2, 2025 12:30 CDT) Marcus McDowell June 2, 2025 Page 78 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 1 of 19 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. Page 79 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 2 of 19 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.1, 2 f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 – 29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1 v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1 Page 80 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 3 of 19 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act – 16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681–1683 and 1685– 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended – 42 U.S.C. § 4541, et seq. hh. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990 – Protection of Wetlands b. Executive Order 11988 – Floodplain Management c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1 e. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers f. Executive Order 14149 – Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154 – Unleashing American Energy i. Executive Order 14168 – Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity FEDERAL REGULATIONS a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 and 1201 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4, 5 c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. Page 81 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 4 of 19 d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying. n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2 q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41 – Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. Page 82 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 5 of 19 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere Page 83 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 6 of 19 with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Page 84 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 7 of 19 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance-Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program, and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. Page 85 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 8 of 19 b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. Page 86 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 9 of 19 b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. Page 87 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 10 of 19 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. Page 88 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 11 of 19 f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. Page 89 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 12 of 19 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and Page 90 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 13 of 19 other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. The airport owner or operator will maintain a current airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; Page 91 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 14 of 19 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. b. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration— 1. is outside the scope of the Secretary’s review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability Page 92 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 15 of 19 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The (City of Fairhope), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or Page 93 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 16 of 19 disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: Page 94 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 17 of 19 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist_0.pdf) for AIP projects as of May 02, 2025. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. Page 95 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 18 of 19 b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. Page 96 of 207 3-01-0029-033-2025 Airport Sponsors Assurances Page 19 of 19 b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8). Page 97 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-137 FROM: Hannah Noonan, Human Resources Director SUBJECT: The selection of Hope Hicks with Ball, Ball, Matthews & Novak for Professional Legal Services; Human Resources/Labor and Employment Advice and Counseling to the City of Fairhope; and hereby authorizes Mayor Sherry Sullvan to execute the associated Engagement Letter. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: That the City Council approves the selection of Hope Hicks with Ball, Ball, Matthews & Novak for Professional Legal Services; Human Resources/Labor and Employment Advice and Counseling to the City of Fairhope; and hereby authorizes Mayor Sherry Sullvan to execute the associated Engagement Letter. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001170- 50280 HR - Legal Fees $10,000.00 TBD TBD GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Page 98 of 207 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 99 of 207 That the City Council approves the selection of Hope Hicks with Ball, Ball, Matthews & Novak for Professional Legal Services: Human Resources/Labor and Employment Advice and Counseling to the City of Fairhope; and hereby authorizes Mayor Sherry Sullivan to execute the associated Engagement Letter. DULY ADOPTED THIS 20TH DAY OF NOVEMBER, 2025 _______________________________ James Reid Conyers, Jr. Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 100 of 207 BALL, BALL, MATTHEWS & NOVAK, P.A. ATTORNEYS AT LAW T 334 387 7680 F 334 387 3222 E FIRM@BALL-BALL.COM 445 DEXTER AVENUE, SUITE 9045 MONTGOMERY, ALABAMA 36104-3775 \ POST OFFICE BOX 2148 MONTGOMERY, ALABAMA 36102-2148 MONTGOMERY \ MOBILE HOPE CURTIS HICKS, ESQ. hhicks@ball-ball.com (334) 387-2066 (direct) November 10, 2025 Mayor Sherry Sullivan City of Fairhope 161 N. Section Street Fairhope, Alabama 36533 sherry.sullivan@fairhopal.gov Dear Mayor Sullivan: It has been my pleasure to work with the City of Fairhope over the last four years to assist with human resources related issues. Please allow this letter to serve as a formal engagement letter wherein Ball, Ball, Matthews & Novak will provide human resources/labor and employment advice and counseling to the City of Fairhope. The rate for these servi ces will be $235 per hour and bills will be sent monthly for any work that is done. If our services are not required, no bill will be issued. If you need any additional information or if I can provide any assistance, you can reach me by calling or emailing me at the office or you may call or text my cell phone. I look forward to working for you and the City of Fairhope. Sincerely, Hope Curtis Hicks Hope Curtis Hicks /HCH Copy to Lisa Hanks, City Clerk Page 101 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-150 FROM: Sherry Sullivan, Mayor SUBJECT: The selection of Matt McDonald with Jones Walker LLP for Professional Legal Services in the event a conflict prevents Hand Arendall Harrison Sale, LLC from representing the City of Fairhope; and hereby authorizes Mayor Sherry Sullivan to execute the associated Engagement Letter. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: That the City Council approves the selection of Matt McDonald with Jones Walker LLP for Professional Legal Services in the event a conflict prevents Hand Arendall Harrison Sale, LLC from representing the City of Fairhope; and hereby authorizes Mayor Sherry Sullivan to execute the associated Engagement Letter. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50280 General Government - Legal Fees TBD TBD TBD GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 102 of 207 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 103 of 207 That the City Council approves the selection of Matt McDonald with Jones Walker LLP for Professional Legal Services in the event a conflict prevents Hand Arendall Harrison Sale, LLC from representing the City of Fairhope; and hereby authorizes Mayor Sherry Sullivan to execute the associated Engagement Letter. DULY ADOPTED THIS 20TH DAY OF NOVEMBER, 2025 _______________________________ James Reid Conyers, Jr. Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 104 of 207 Page 105 of 207 Page 106 of 207 Page 107 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-142 FROM: Nicole Love, Grants Coordinator Kim Creech, CITY TREASURER SUBJECT: The Grants Coordinator, Nicole Love, is requesting the hiring of a Professional Consultant for Grants and Grant Management. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $24,000.00 for RFQ PS26-008 Professional Consultant Services for Grants and Grant Management, and allow the Mayor to execute a contract with Grant Management, Inc. BACKGROUND INFORMATION: The Grants Coordinator, Nicole Love, is requesting the hiring of a Professional Consultant for Grants and Grant Management. The purpose of this contract is for the firm to consult, review, and manage grants, and perform grants administration for the City of Fairhope. The Mayor and the Grants Coordinator would like to establish a not-to-exceed annual amount for Professional Consultant Services of Twenty-Four Thousand Dollars ($24,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50290 General Government - Professional Services $24,000.00 $24,000.00 ($0.00) GRANT: N/A Page 108 of 207 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 109 of 207 RESOLUTION NO. ________ , as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Grant Management, Inc. for Professional Consulting Services for (RFQ PS26-008) Grants and Grant Management with a not-to-exceed amount of $24,000.00. DULY ADOPTED THIS 20TH DAY OF NOVEMBER, 2025 ______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 110 of 207 IG RANT M A N AG E M E N Tj "Funding For Your Infrastructure Needs" October 24, 2025 Ms. Nicole Love Grants Coordinator City of Fairhope 555 Section Street Fairhope, Alabama 36532 Re: Proposal for Professional Grant Consulting Services for the City of Fairhope Dear Ms. Love: Please accept this as a formal proposal from Grant Management, LLC to continue to provide on going Professional Grant Consulting Services to the City of Fairhope. The firm is uniquely qualified to provide the grant services that will ensure the timely and successful submission and implementation of your federal, state and local grant projects. Located in Fairhope, Grant Management, LLC was formed in 2009, and has a 16-year proven track record of securing and administering grants for a wide variety of projects for cities and counties in Alabama. For the past 14 years, I have provided on-going grant preparation and administration services to the City of Fairhope. I have established excellent working relationships with the City of Fairhope's staff, government officials, federal and state funding agency staff, project engineers, environmental consultants, and contractors. My company is responsible for researching funding opportunities, assisting the City in preparing successful grant applications, and the complete administration of the grants that are awarded, from start-up through close-out, meeting all reporting requirements, and ensuring client's compliance with all grant related rules, regulations, and procedures. Grant Management, LLC has been certified as a woman-owned business in the State of Alabama (Certificate No. WBE-0125013-002). The information enclosed will demonstrate the company's ability to best provide the City of Fairhope's professional grant consulting services. Thank you for the opportunity to provide this proposal to you. Please feel free to contact me if you have any questions or require additional information. I can be reached by phone at (251) 533-6930 or via email at stacylmckean@gmail.com . Sincerely, }µ��ff� Stacy McKean, Owner Page 111 of 207 Page 112 of 207 Page 113 of 207 Page 114 of 207 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. Grant Management 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? Grant management services Annual Contract. 2. What is the total cost of the item or service? $24,000 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Grant Management 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? $24,000 3. Budget code: 001100-50290 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 115 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-136 FROM: Daryl Morefield, WATER SUPERINTENDENT Noel Berry, Utilities Engineer SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the City Utilities Engineer, Noel Berry, are requesting a contract amendment to add survey and platting services for the new Scenic 98 lift station as well as the relocated Lakewood force main. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve Contract Amendment No. 1 for (RFQ PS25-004) Professional Engineering Services for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel with a cost of $37,500.00; and to award Contract Amendment No. 1 to Three Notch Group, Inc. (Former Name CDG, Inc). The new contract total will be $367,500.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater and the City Utilities Engineer are requesting a contract amendment for (RFQ PS25-004) Professional Engineering Services for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel. The City of Fairhope selected Three Notch Group (formerly CDG, Inc.) to design two (2) lift stations including the rehabilitation of the lift station located at The Grand Hotel as well as a new regional lift station along Scenic Highway 98. The new Scenic Highway 98 lift station will receive the flow from all stations previously discharging into The Grand Hotel lift station as well as the flow from the new lift station at The Grand Hotel. During the design phase, the City of Fairhope requested survey and platting of the parcel for the Scenic Highway 98 lift station as well as additional design, environmental permitting, and CE&I services for force main upgrade relating to the lift station improvements and the bridge relocation at Point Clear Creek. An exhibit showing the location of the proposed lift stations and force main extension is included in the amendment proposal document. The additional cost for Contract Amendment No. 1 is Thirty-Seven Thousand Five Hundred Dollars ($37,500.00). The new contract total will be Three Hundred Sixty- Seven Thousand Five Hundred Dollars ($367,500.00). Page 116 of 207 Previous Council Action: January 13, 2025 - Resolution No. 5335-25 authorized Mayor Sullivan to execute a contract with CDG, Inc. for Professional Engineering Services for (RFQ PS25-004) for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel with a not-to-exceed contract amount of $330,000.00. December 19, 2024 - Resolution No. 5309-24 the City Council approved the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS25-004) for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel to CDG, Inc. and authorized Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59501-20 & 30 Wastewater - Sys Imprv Lift Stations $37,500.00 $37,500.00 ($0.00) Project No. 2025PUS009 Project Expense String: 2025PUS009-CONS 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): Treasury to add Project Expense String to Contract #2025107. Make Project Ledger journal entries as necessary. Page 117 of 207 RESOLUTION NO. ________ [1] That Mayor Sherry Sullivan is hereby authorized to execute Contract Amendment No. 1 for (RFQ PS25-004) Professional Engineering Services for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel with a cost of $37,500.00; and to award Contract Amendment No. 1 to Three Notch Group, Inc. (Former Name CDG, Inc.). The new contract total will be $367,500.00. ADOPTED ON THIS 20TH DAY OF NOVEMBER 2025 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 118 of 207 Amendment to Owner-Engineer Agreement. Agreement between Owner and Engineer for Professional Services. Page 1 of 2 AMENDMENT TO OWNER-ENGINEER AGREEMENT AMENDMENT NO. 1 Additional Design, Survey, & Environmental Services Owner: City of Fairhope Engineer: Three Notch Group, Inc. Project: Scenic 98 and The Grand Hotel Lift Stations Effective Date of Owner-Engineer Agreement: November __ , 2025 Nature of Amendment: (Check those that apply) ☒ Additional Services to be performed by Engineer ☐ Modifications to services of Engineer ☐ Modifications to responsibilities of Owner ☒ Modifications of payment to Engineer ☐ Modifications to time(s) for rendering services ☐ Modifications to other terms and conditions of the Agreement Description of Modifications: Project Background: The City of Fairhope selected Three Notch Group to design two (2) lift stations including the rehabilitation of the lift station located at The Grand Hotel as well as a new regional lift station along Scenic Highway 98. The new Scenic Highway 98 lift stati on will receive the flow from all stations previously discharging into The Grand Hotel lift station as well as the flow from the new lift station at The Grand Hotel. During the design phase, the City of Fairhope requested survey and platting of the parcel for the Scenic Highway 98 lift station as well as additional design, environmental permitting, and CE&I services for force main upgrade relating to the lift station improvements and the bridge relocation at Point Clear Creek. An exhibit showing the location of the proposed lift stations and force main extension is included as Attachment A. Amended Scope of Services: This amendment includes the survey and platting services for the new Scenic 98 lift station as well as the relocated Lakewood force main. This amendment also includes the additional design, environmental permitting, and CE&I services related to the force main upgrade past the proposed Point Clear Creek bridge relocations. This amendment does not include additional fees for survey relating to the force main extension past the proposed Point Clear Creek bridge relocations. Per correspondence with the City of Fairhope, Three Notch Group will utilize the survey acquired for the bridge relocation for the force main extension design. Agreement Summary: Original agreement amount: $ 330,000.00 Net change for prior amendments: $ 0.00 This amendment amount: $ 37,500.00 Adjusted Agreement amount: $ 367,500.00 Page 119 of 207 Amendment to Owner-Engineer Agreement. Agreement between Owner and Engineer for Professional Services. Page 2 of 2 Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. The Effective Date of the Amendment is November __ , 2025. Owner Engineer City of Fairhope Three Notch Group, Inc. (typed or printed name of organization) (typed or printed name of organization) By: By: (individual’s signature) (individual’s signature) Date: Date: (date signed) (date signed) Name: Honorable Sherry Sullivan Name: Jeffrey A. Harrison, P.E. (typed or printed) (typed or printed) Title: Mayor Title: Public Market Director (typed or printed) (typed or printed) Page 120 of 207 Attachmen t A Am endm ent No. 1 Overview Legend Forc e Main Upgrade - 10" PVC Grand Hotel FM - Ex Grand Hotel FM - Reversed Flow - Ex 8" PVC Grand Hotel LS Site Point Clear Creek Bridge Sc enic 98 FM - Propos ed - 10" PVC Sc enic Hwy 98 LS Site 600 ft N ➤➤ N Image © 2025 A irbus Image © 2025 A irbus Image © 2025 A irbus Page 121 of 207 RESOLUTION NO. 5335-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows : [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with CDG , Inc. for Professional Engineering Services for (RFQ PS25-004) for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel with a not-to-exceed contract amount of $330 ,000.00. DULY ADOPTED THIS 13TH DAY OF JANUARY , 2025 Attest: ~~ City Clerk Page 122 of 207 RESOLUTION NO. 5309-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [1] That the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS25-004) for the Installation of a New Lift Station on Scenic Hwy 98 and Lift Station Upgrade at the Grand Hotel to CDG , Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 19TH DAY OF DECEMBER, 2024 Attest: Page 123 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-133 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting to approve the award of the Request for Quotes for Labor and Materials for the Structure over the Wastewater Treatment Plant Belt Press. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for Labor and Materials for the Structure over the Wastewater Treatment Plant Belt Press to Roof Doctors for the not- to-exceed project cost of $54,936.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of labor and materials for Labor and Materials for the Structure over the Wastewater Treatment Plant Belt Press. 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 Roof Doctors. The Superintendent of Water/Wastewater requests approval to award the Request for Quote to Roof Doctors for the not-to-exceed cost of Fifty-Four Thousand Nine Hundred Thirty-Six Dollars ($54,936.00). Previous Council Actions: Council Meeting October 27, 2025 - Approve the award of the Request for Quotes for concrete work at the Wastewater Treatment Plant for the Belt Press to Prime Professional Concrete Pumping & Finishing for a not-to-excess project cost of $23,300.00 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 124 of 207 004020- 50475-30 Wastewater - Capital Improvements $54,936.00 $54,936.00 ($0.00) Project No. 2025PUS013 Project Expense String: 2025PUS013-CONS 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 125 of 207 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Structure over the Wastewater Treatment Plant Belt Press to Roof Doctors for a not-to-exceed project cost of $54,936.00. 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 20TH DAY OF NOVEMBER 2025 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 126 of 207 Page 127 of 207 Page 128 of 207 Page 129 of 207 Page 130 of 207 Page 131 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-141 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Water/Wastewater Superintendent, Daryl Morefield, is requesting procurement of the monthly service for grease abatement. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve the procurement of the monthly service for grease abatement from Enviro- Tech of America, Inc. as a sole source distributor for an annual cost not-to-exceed $75,000.00. BACKGROUND INFORMATION: The Water/Wastewater Superintendent is requesting procurement of the monthly service for grease abatement for 8 lift stations. This would include the following: • All products, equipment, service, and delivery • Equipment owned and maintained by Enviro-Tech of America, Inc. • Repairs and replacements of equipment and parts included in monthly cost. Note: A rag removal program may be necessary if severe rag issues occur. These rags are not included in the bio-remediation program due to the use of non-disintegrating towel materials by manufacturers (a national issue). Enviro-Tech of America, Inc. is the sole authorized manufacturer, distributor and seller of the following products: • System 1000 • PX-700 Microbial Optimizer • Triple Punch • Absolute Granular Odor Control • Sock It 2 ‘Em The annual cost of this procurement from Enviro-Tech of America, Inc. is not-to-exceed Page 132 of 207 Seventy-Five Thousand Dollars ($75,000.00). The service is exempt from formal bidding per Code of Alabama 1975, Section 41-16- 57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 50365-20 Wastewater - Lift Station Maintenance $75,000.00 $75,000.00 ($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 133 of 207 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope has voted to approve the monthly service for grease abatement from Enviro-Tech of America, Inc. as a sole source distributor; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The annual cost will not-to-exceed $75,000.00. DULY ADOPTED ON THIS 20TH DAY OF NOVEMBER 2025 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 134 of 207 Page 135 of 207 Page 136 of 207 Page 137 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-132 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, and the Public Works Landscape Department's Horticulture Supervisor, Will Mastin, have requested the annual procurement of flowers for FY2026 for landscaping throughout the City. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve this FY2026 flower procurement for the Landscape Department from multiple vendors with a not-to-exceed budget of $165,500.00. This total cost includes the amount approved for pre-order by the City Council on July 24, 2025. BACKGROUND INFORMATION: The Director of Public Works, George Ladd, and the Public Works Landscape Department's Horticulture Supervisor, Will Mastin, have requested the annual procurement of flowers for FY2026 for landscaping throughout the City. The budgeted amount for this procurement is One Hundred Sixty-Five Thousand Five Hundred Dollars ($165,500.00), inclusive of a contingency for unforeseen events. There are multiple vendors and the times of procurement vary. This is in agreement with City Council Resolution No. 1650-10, which designated "like item" flora and the extension of this categorization to include any cultivated varieties, differentiated by scientific name. Previous Council Actions: Resolution No. 1650-10 adopted May 24, 2010, which designated "Like Item: Flora exceed the $30,000.00 state bid limit. July 24, 2025 - Resolution No. 5495-25 approved the annual procurement of Tulip Bulbs, Hyacinths, and other winter flowers for the Landscape Department with a cost of $37,876.88 plus shipping costs, which is to be included in the FY2026 budget amount. September 8, 2025 - Resolution No. 5552-25 approved the annual procurement of Nemesia Nesia, Pansies, and other winter flowers for the Landscape Department with a cost of $14,504.54 plus shipping costs, which is to be included in the FY2026 budget amount. Page 138 of 207 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001360- 51400 Landscape - Flowers $112,118.58 $112,118.58 ($0.00) FY2026 Total Budget for Flowers = $165,000.00 (less costs of pre-ordered Winter flowers in the amount of $53,381.42) resulting in available budget of $112,118.58. 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 139 of 207 RESOLUTION NO. ____ , as follows: [1] That the City of Fairhope approves the FY2026 Annual Flower Procurement. The total cost not-to-exceed $165,500.00. There are multiple vendors and the times of procurement vary. This procurement is allowed pursuant to Resolution No. 1650- 10 adopted in May 2010 that declares flowers as Unique “Like Items” and the extension of this categorization to include any cultivated varieties, differentiated by scientific name. ADOPTED ON THIS 20TH DAY OF NOVEMBER, 2025 Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 140 of 207 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. Billy Harris and Associates, 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? Flower plugs for all flowers grown for FY2026 2. What is the total cost of the item or service? $165,500 3. How many do you need? Seasonal Orders – numbers vary 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Billy Harris and Associates, Inc. / Ruigrok Flowerbulbs 6. Vendor Number: 22600 – Billy Harris 23298 - CJ Ruigrok and sons 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? $165,500 3. Budget code: 51400 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 141 of 207 Sales by Customer Detail Billy Harris & Associates, Inc. October 1, 2024-September 30, 2025 Accrual Basis Monday, November 03, 2025 07:26 PM GMTZ 1/7 TRANSACTION DATE TRANSACTION TYPE NUM PRODUCT/SERVICE FULL NAME MEMO/DESCRIPTION QUANTITY SALES PRICE AMOUNT BALANCE City of Fairhope 10/14/2024 Invoice 110234 Bed Height 10/14/2024 Invoice 110234 Vis Seed Company:VS Vis Seed Company 128 CELL TRAY POPPIES CHAMPAGNE BUBBLES MIX 17.00 28.90 491.30 491.30 10/14/2024 Invoice 110234 Freight:fr Freight and Handling 1.00 385.00 385.00 876.30 10/14/2024 Invoice 110234 PO # 2024541600 876.30 10/15/2024 Invoice 24323 Border 876.30 10/15/2024 Invoice 24323 Vis Seed Company:VS Vis Seed Company 288 Cell Tray Viola Colormax Yellow 39.00 25.40 990.60 1,866.90 10/15/2024 Invoice 24323 Vis Seed Company:VS Vis Seed Company 288 Cell Tray Viola Colormax Icy Blue 39.00 25.40 990.60 2,857.50 10/15/2024 Invoice 24323 Fillers 2,857.50 10/15/2024 Invoice 24323 Vis Seed Company:VS Vis Seed Company 288 Cell Tray Viola Sorbet White Jump Up 38.00 25.40 965.20 3,822.70 10/15/2024 Invoice 24323 3,822.70 10/15/2024 Invoice 24323 Green Boxes 3,822.70 10/15/2024 Invoice 24323 Vis Seed Company:VS Vis Seed Company 288 Cell Tray Viola Colormax Popcorn 18.00 25.40 457.20 4,279.90 10/15/2024 Invoice 24323 Vis Seed Company:VS Vis Seed Company 288 Cell Tray Viola Colormax Beacon Rose 3.00 25.40 76.20 4,356.10 10/15/2024 Invoice 24323 4,356.10 10/15/2024 Invoice 24323 White Boxes 4,356.10 10/15/2024 Invoice 24323 Vis Seed Company:VS Vis Seed Company 288 Cell Tray Viola Colormax Beacon Rose 6.00 25.40 152.40 4,508.50 10/15/2024 Invoice 24323 Freight:fr Freight and Handling 1.00 1,665.95 1,665.95 6,174.45 10/15/2024 Invoice 24323 PO # 2024541901 6,174.45 10/21/2024 Invoice 110235 South Mobile Beds 6,174.45 10/21/2024 Invoice 110235 Vis Seed Company:VS Vis Seed Company 288 CELL TRAY VIOLA COLORMAX BEACON ROSE 22.00 25.20 554.40 6,728.85 10/21/2024 Invoice 110235 6,728.85 10/21/2024 Invoice 110235 Downtown around trees 6,728.85 10/21/2024 Invoice 110235 Vis Seed Company:VS Vis Seed Company 288 CELL TRAY VIOLA COLORMAX LEMONBERRY PIE 22.00 25.20 554.40 7,283.25 10/21/2024 Invoice 110235 7,283.25 10/21/2024 Invoice 110235 Clock 7,283.25 10/21/2024 Invoice 110235 Vis Seed Company:VS Vis Seed Company 288 CELL TRAY VIOLA COLORMAX CITRUS MIX 33.00 25.20 831.60 8,114.85 10/21/2024 Invoice 110235 Freight:fr Freight and Handling 1.00 897.05 897.05 9,011.90 10/21/2024 Invoice 110235 PO # 2024541800 9,011.90 10/22/2024 Invoice 110236 Bed Fillers 9,011.90 10/22/2024 Invoice 110236 Vis Seed Company:VS Vis Seed Company 128 CELL TRAY DUSTY MILLER CIRRUS 25.00 28.75 718.75 9,730.65 10/22/2024 Invoice 110236 Freight:fr Freight and Handling 1.00 503.00 503.00 10,233.65 10/22/2024 Invoice 110236 PO # 2024541700 10,233.65 10/22/2024 Invoice 110236 Note: Original ship date 10/7 - backordered to 10.22 10,233.65 11/11/2024 Invoice 110454 Hanging Baskets 10,233.65 11/11/2024 Invoice 110454 Vis Seed Company:VS Vis Seed Company 140 CELL TRAY VIOLA SORBET DEFT BLUE 9.00 26.70 240.30 10,473.95 11/11/2024 Invoice 110454 Vis Seed Company:VS Vis Seed Company 140 CELL TRAY VIOLA COLORMAX TRUE BLUE 9.00 26.70 240.30 10,714.25 11/11/2024 Invoice 110454 Freight:fr Freight and Handling 1.00 209.70 209.70 10,923.95 11/11/2024 Invoice 110454 PO # 2024542000 10,923.95 11/24/2024 Invoice 98916 Knox MISC:Knox- Misc 6.5" POINSETTIA RED 1225.00 6.85 8,391.25 19,315.20 11/24/2024 Invoice 98916 Knox MISC:Knox- Misc 6.5" POINSETTIA WHITE 500.00 6.85 3,425.00 22,740.20 11/24/2024 Invoice 98916 Knox MISC:Knox- Misc 6.5" POINSETTIA PINK 300.00 6.85 2,055.00 24,795.20 11/24/2024 Invoice 98916 Freight:fr Freight and Handling 1.00 695.00 695.00 25,490.20 11/24/2024 Invoice 98916 25,490.20 11/24/2024 Invoice 98916 po # 2024542100 25,490.20 01/03/2025 Invoice 534683 Downtown around trees 25,490.20 01/03/2025 Invoice 534683 Knox Horticulture:SUNPATIENS COMPACT PURPLE CANDY IMP 102/100 SUNPATIENS COMPACT PURPLE CANDY IMP 102/100 (sub for Pink Candy discontinued) 10.00 64.14 641.40 26,131.60 01/03/2025 Invoice 534683 Knox Horticulture:SUNPATIENS COMPACT CLASSIC WHITE 102/100 SUNPATIENS COMPACT CLASSIC WHITE 102/100 10.00 64.14 641.40 26,773.00 01/03/2025 Invoice 534683 Freight:fr Freight and Handling Boxing 1.00 208.20 208.20 26,981.20 01/03/2025 Invoice 534683 PO # 20250485 26,981.20 01/03/2025 Invoice 534684 Fillers 26,981.20 01/03/2025 Invoice 534684 Knox Horticulture:LOBELIA TECHNO LILAC 102/100 LOBELIA TECHNO LILAC 102/100 25.00 57.56 1,439.00 28,420.20 01/03/2025 Invoice 534684 Knox Horticulture:SUNPATIENS COMPACT BLUSH PINK 102/100 SUNPATIENS COMPACT BLUSH PINK 102/100 50.00 64.14 3,207.00 31,627.20 01/03/2025 Invoice 534684 Bed Height 31,627.20 01/03/2025 Invoice 534684 Knox Horticulture:ANGELONIA SERENA MIX 288/280 ANGELONIA SERENA MIX 288/280 45.00 91.28 4,107.60 35,734.80 01/03/2025 Invoice 534684 Freight:fr Freight and Handling Boxing 1.00 831.00 831.00 36,565.80 01/03/2025 Invoice 534684 PO # 20250489 36,565.80 01/06/2025 Invoice 111125 Hanging Baskets 36,565.80 01/06/2025 Invoice 111125 FOUR STAR 25-26:1 Kit 306 Bundled Combination Lite Prime Time LMT 0.21 (deleted) 1 Kit 306 Bundled Combination Lite Prime Time LMT 0.21 (4284 Plugs) 14.00 294.52 4,123.28 40,689.08 01/06/2025 Invoice 111125 Freight:fr Freight and Handling (Expedited Rates) - Holiday 1.00 782.04 782.04 41,471.12 Page 142 of 207 Sales by Customer Detail Billy Harris & Associates, Inc. October 1, 2024-September 30, 2025 Accrual Basis Monday, November 03, 2025 07:26 PM GMTZ 2/7 TRANSACTION DATE TRANSACTION TYPE NUM PRODUCT/SERVICE FULL NAME MEMO/DESCRIPTION QUANTITY SALES PRICE AMOUNT BALANCE shipping Page 143 of 207 Sales by Customer Detail Billy Harris & Associates, Inc. October 1, 2024-September 30, 2025 Accrual Basis Monday, November 03, 2025 07:26 PM GMTZ 3/7 TRANSACTION DATE TRANSACTION TYPE NUM PRODUCT/SERVICE FULL NAME MEMO/DESCRIPTION QUANTITY SALES PRICE AMOUNT BALANCE 01/06/2025 Invoice 111125 PO # 20250487 41,471.12 01/06/2025 Invoice 111122 Bed Fillers 41,471.12 01/06/2025 Invoice 111122 104 Liner Nemesia Aromance® Pink LMT 0.21 (deleted)104 Liner Nemesia Aromance® Pink LMT 0.21 25.00 99.64 2,491.00 43,962.12 01/06/2025 Invoice 111122 Bed Height 43,962.12 01/06/2025 Invoice 111122 104 Liner Petunia Supertunia Mini Vista® Indigo LMT 0.2 (deleted) 104 Liner Petunia Supertunia Mini Vista® Indigo LMT 0.2 10.00 97.15 971.50 44,933.62 01/06/2025 Invoice 111122 Green Boxes 44,933.62 01/06/2025 Invoice 111122 104 Liner Petunia Supertunia Mini Vista® Indigo LMT 0.2 (deleted) 104 Liner Petunia Supertunia Mini Vista® Indigo LMT 0.2 14.00 97.15 1,360.10 46,293.72 01/06/2025 Invoice 111122 104 Liner Petunia Supertunia Vista® Bubblegum® LMT 0.22 (deleted) 104 Liner Petunia Supertunia Vista® Bubblegum® LMT 0.22 8.00 99.19 793.52 47,087.24 01/06/2025 Invoice 111122 White Boxes 47,087.24 01/06/2025 Invoice 111122 104 Liner Nemesia Aromance® Pink LMT 0.21 (deleted)104 Liner Nemesia Aromance® Pink LMT 0.21 3.00 99.64 298.92 47,386.16 01/06/2025 Invoice 111122 104 Liner Nemesia Bluebird LMT 0.23 (deleted)104 Liner Nemesia Bluebird LMT 0.23 3.00 101.68 305.04 47,691.20 01/06/2025 Invoice 111122 Freight:fr Freight and Handling 1.00 574.09 574.09 48,265.29 01/06/2025 Invoice 111122 PO # 20250488 48,265.29 01/09/2025 Invoice 535009 Borders 48,265.29 01/09/2025 Invoice 535009 Knox Horticulture:SEDUM LEMON BALL 72/70 SEDUM LEMON BALL 72/70 (7210 total plugs) 103.00 57.40 5,912.20 54,177.49 01/09/2025 Invoice 535009 Freight:fr Freight and Handling Boxing 1.00 881.23 881.23 55,058.72 01/09/2025 Invoice 535009 PO # 20250486 55,058.72 01/27/2025 Invoice 535914 South Mobile Beds 55,058.72 01/27/2025 Invoice 535914 Knox Horticulture:SUNPATIENS RAPID FIRE COMPACT PURPLE 102/100 SUNPATIENS COMPACT PURPLE 102/100 12.00 64.14 769.68 55,828.40 01/27/2025 Invoice 535914 Knox Horticulture:SUNPATIENS COMPACT CLASSIC WHITE 102/100 SUNPATIENS COMPACT CLASSIC WHITE 102/100 8.00 64.14 513.12 56,341.52 01/27/2025 Invoice 535914 Clock 56,341.52 01/27/2025 Invoice 535914 Knox Horticulture:SUNPATIENS COMPACT HOT PINK 102/100 SUNPATIENS COMPACT HOT PINK 102/100 14.00 64.14 897.96 57,239.48 01/27/2025 Invoice 535914 Knox Horticulture:SUNPATIENS COMPACT CLASSIC WHITE 102/100 SUNPATIENS COMPACT CLASSIC WHITE 102/100 6.00 64.14 384.84 57,624.32 01/27/2025 Invoice 535914 Freight:fr Freight and Handling 1.00 306.40 306.40 57,930.72 01/27/2025 Invoice 535914 PO # 20250490 57,930.72 03/10/2025 Invoice 539469 Mayors Prayer Breakfast 57,930.72 03/10/2025 Invoice 539469 Knox Horticulture:COMBO KWIK DEKKO SALUTE IMP. 50/50 COMBO KWIK DEKKO SALUTE IMP. 50/50 8.00 101.75 814.00 58,744.72 03/10/2025 Invoice 539469 Freight:fr Freight and Handling 1.00 79.68 79.68 58,824.40 03/10/2025 Invoice 539469 PO # 20251865 58,824.40 03/27/2025 Invoice 113321 Mast Young Plants 25-26:Combos - Triple Stuck DuraBella® Amazonas Beauty Mega50 Tray Combos - Triple Stuck DuraBella® Amazonas Mist Mega50 Tray 8.00 87.75 702.00 59,526.40 03/27/2025 Invoice 113321 Freight:fr Freight and Handling 1.00 249.90 249.90 59,776.30 03/27/2025 Invoice 113321 Mayors Prayer Breakfast Bowls 59,776.30 03/27/2025 Invoice 113321 PO # 20253860 59,776.30 03/28/2025 Invoice 540930 Fillers 59,776.30 03/28/2025 Invoice 540930 Knox Horticulture:PENTAS GRAFFITI ULTRA VIOLET 144/142 PENTAS GRAFFITI ULTRA VIOLET 144/142 (4118 Plugs) 29.00 50.13 1,453.77 61,230.07 03/28/2025 Invoice 540930 Knox Horticulture:PENTAS GRAFFITI BRIGHT RED 144/142 PENTAS GRAFFITI BRIGHT RED 144/142 (4118 Plugs) 29.00 50.13 1,453.77 62,683.84 03/28/2025 Invoice 540930 Height 62,683.84 03/28/2025 Invoice 540930 Knox Horticulture:ANGELONIA SERENA BLUE 144/142 ANGELONIA SERENA BLUE 144/142 (2414 Plugs) 17.00 60.06 1,021.02 63,704.86 03/28/2025 Invoice 540930 Height 63,704.86 03/28/2025 Invoice 540930 Knox Horticulture:ZINNIA PROFUSION 5 COLOR MIX 144/142 ZINNIA PROFUSION 5 COLOR MIX 144/142 (2414 Plugs) 17.00 30.25 514.25 64,219.11 03/28/2025 Invoice 540930 Freight:fr Freight and Handling 1.00 325.00 325.00 64,544.11 03/28/2025 Invoice 540930 PO # 20252287 64,544.11 03/31/2025 Invoice 113379 Fillers/Height 64,544.11 03/31/2025 Invoice 113379 FOUR STAR 25-26:104 Liner Lantana Luscious® Citron™ LMT 0.225 (deleted) 104 Liner Lantana Luscious® Citron™ LMT 0.225 30.00 125.84 3,775.20 68,319.31 03/31/2025 Invoice 113379 Freight:fr Freight and Handling 1.00 287.04 287.04 68,606.35 03/31/2025 Invoice 113379 PO # 20252285 68,606.35 04/14/2025 Invoice 541574 Green Boxes 68,606.35 04/14/2025 Invoice 541574 Knox Horticulture:PENTAS GRAFFITI VIOLET 144/142 PENTAS GRAFFITI VIOLET 144/142 (600 Plugs) 5.00 48.79 243.95 68,850.30 04/14/2025 Invoice 541574 Freight:fr Freight and Handling 1.00 33.95 33.95 68,884.25 04/14/2025 Invoice 541574 PO # 20252284 68,884.25 04/14/2025 Invoice 113636 Borders 68,884.25 04/14/2025 Invoice 113636 104 Liner Mecardonia GoldDust® LMT 0.2 (deleted)104 Liner Mecardonia GoldDust® LMT 0.2 (3600 Plugs) 36.00 101.43 3,651.48 72,535.73 04/14/2025 Invoice 113636 104 Liner Evolvulus Blue My Mind® LMT 0.22 (deleted)104 Liner Evolvulus Blue My Mind® LMT 0.22 (3600 Plugs) 36.00 114.51 4,122.36 76,658.09 Page 144 of 207 Sales by Customer Detail Billy Harris & Associates, Inc. October 1, 2024-September 30, 2025 Accrual Basis Monday, November 03, 2025 07:26 PM GMTZ 4/7 TRANSACTION DATE TRANSACTION TYPE NUM PRODUCT/SERVICE FULL NAME MEMO/DESCRIPTION QUANTITY SALES PRICE AMOUNT BALANCE 04/14/2025 Invoice 113636 Green Boxes 76,658.09 04/14/2025 Invoice 113636 104 Liner Mecardonia GoldDust® LMT 0.2 (deleted)104 Liner Mecardonia GoldDust® LMT 0.2 (800 plugs) 8.00 101.43 811.44 77,469.53 04/14/2025 Invoice 113636 104 Liner Evolvulus Blue My Mind® LMT 0.22 (deleted)104 Liner Evolvulus Blue My Mind® LMT 0.22 (800 plugs) 8.00 114.51 916.08 78,385.61 04/14/2025 Invoice 113636 Freight:fr Freight and Handling 1.00 789.36 789.36 79,174.97 04/14/2025 Invoice 113636 PO # 20252286 79,174.97 04/21/2025 Invoice 286211 Hanging Baskets Old Glory Mix 79,174.97 Page 145 of 207 Sales by Customer Detail Billy Harris & Associates, Inc. October 1, 2024-September 30, 2025 Accrual Basis Monday, November 03, 2025 07:26 PM GMTZ 5/7 TRANSACTION DATE TRANSACTION TYPE NUM PRODUCT/SERVICE FULL NAME MEMO/DESCRIPTION QUANTITY SALES PRICE AMOUNT BALANCE 04/21/2025 Invoice 286211 Knox Horticulture:CALIBRACHOA MINFAM NEO VAMPIRE 102/100 CALIBRACHOA MINFAM NEO VAMPIRE 102/100 (1500 plugs) 15.00 65.00 975.00 80,149.97 04/21/2025 Invoice 286211 Knox Horticulture:CALIBRACHOA MINFAM NEO WHITE 102/100 CALIBRACHOA MINFAM NEO WHITE 102/100 (1500 Plugs) 15.00 65.00 975.00 81,124.97 04/21/2025 Invoice 286211 Knox Horticulture:CALIBRACHOA MINFAM NEO BLUE 102/100 CALIBRACHOA MINFAM NEO BLUE 102/100 (1500 plugs) 15.00 65.00 975.00 82,099.97 04/21/2025 Invoice 286211 White boxes Old Glory Mix 82,099.97 04/21/2025 Invoice 286211 Sunbelt Greenhouse 25-26:Cab MiniFamous Neo Vampire 102 Liner Tray Cab MiniFamous Neo Vampire 102 Liner Tray (200 plugs) 2.00 65.00 130.00 82,229.97 04/21/2025 Invoice 286211 Sunbelt Greenhouse 25-26:Cab MiniFamous Neo White 102 Liner Tray Cab MiniFamous Neo White 102 Liner Tray (200 Plugs) 2.00 65.00 130.00 82,359.97 04/21/2025 Invoice 286211 Sunbelt Greenhouse 25-26:Cab MiniFamous Neo Blue 102 Liner Tray Cab MiniFamous Neo Blue 102 Liner Tray (200 plugs) 2.00 65.00 130.00 82,489.97 04/21/2025 Invoice 286211 Boxing Charges:Bxing Boxing Charges 11.00 10.00 110.00 82,599.97 04/21/2025 Invoice 286211 Freight:fr Freight and Handling 1.00 395.00 395.00 82,994.97 04/21/2025 Invoice 286211 PO # 20252275 82,994.97 05/05/2025 Invoice 542221 South Mobile Beds 82,994.97 05/05/2025 Invoice 542221 Knox Horticulture:VINCA VALIANT MIX 144/142 VINCA VALIANT MIX 144/142 (2100 Plugs)15.00 38.30 574.50 83,569.47 05/05/2025 Invoice 542221 Clock 83,569.47 05/05/2025 Invoice 542221 Knox Horticulture:VINCA VALIANT MIX 144/142 VINCA VALIANT MIX 144/142 (2100 Plugs) - Shorted 1 14.00 38.30 536.20 84,105.67 05/05/2025 Invoice 542221 Freight:fr Freight and Handling 1.00 203.70 203.70 84,309.37 05/05/2025 Invoice 542221 PO # 20252274 84,309.37 07/21/2025 Invoice 114748 Bed Height 0.00 84,309.37 07/21/2025 Invoice 114748 FOUR STAR 25-26:Coleus ColorBlaze® Newly Noir™ 104 Liner LMT 0.1784 Coleus ColorBlaze® Newly Noir™ 104 Liner LMT 0.1784 8.00 95.37 762.96 85,072.33 07/21/2025 Invoice 114748 White Boxes 85,072.33 07/21/2025 Invoice 114748 FOUR STAR 25-26:Coleus ColorBlaze® Chocolate Drop 104 Liner LMT 0.1733 Coleus ColorBlaze® Chocolate Drop 104 Liner LMT 0.1733 4.00 100.27 401.08 85,473.41 07/21/2025 Invoice 114748 FOUR STAR 25-26:Ipomoea Sweet Caroline Sweetheart Jet Black™ 104 Liner LMT 0.2447 Ipomoea Sweet Caroline Sweetheart Jet Black™ 104 Liner LMT 0.2447 1.00 116.83 116.83 85,590.24 07/21/2025 Invoice 114748 FOUR STAR 25-26:Ipomoea Sweet Caroline Sweetheart Lime 104 Liner LMT 0.2243 Ipomoea Sweet Caroline Sweetheart Lime 104 Liner LMT 0.2243 1.00 113.38 113.38 85,703.62 07/21/2025 Invoice 114748 Hanging Baskets 85,703.62 07/21/2025 Invoice 114748 FOUR STAR 25-26:Calibrachoa Superbells® Yellow 104 Liner LMT 0.2039 Calibrachoa Superbells® Yellow 104 Liner LMT 0.2039 17.00 99.37 1,689.29 87,392.91 07/21/2025 Invoice 114748 FOUR STAR 25-26:Calibrachoa Superbells® Dreamsicle® 104 Liner LMT 0.2141 Calibrachoa Superbells® Dreamsicle® 104 Liner LMT 0.2141 17.00 100.39 1,706.63 89,099.54 07/21/2025 Invoice 114748 Freight:fr Freight and Handling 1.00 720.96 720.96 89,820.50 07/21/2025 Invoice 114748 PO # 20255261 89,820.50 07/21/2025 Invoice 543800 Height in Beds 89,820.50 07/21/2025 Invoice 543800 Knox Horticulture:ANGELONIA SERENA MIX 144/142 ANGELONIA SERENA MIX 144/142 29.00 60.06 1,741.74 91,562.24 07/21/2025 Invoice 543800 Knox Horticulture:COLEUS ALABAMA SUNSET 102/100 COLEUS ALABAMA SUNSET 102/100 8.00 43.12 344.96 91,907.20 07/21/2025 Invoice 543800 Freight:fr Freight and Handling 1.00 258.59 258.59 92,165.79 07/21/2025 Invoice 543800 PO # 2025 5260 92,165.79 07/28/2025 Invoice 38014 Borders 92,165.79 07/28/2025 Invoice 38014 Knox Horticulture:ALTERNANTHERA TRUE YELLOW 102/100 ALTERNANTHERA TRUE YELLOW 102/100 - 18 trays backordered to 8/10 and will be invoiced on 8/10 54.00 46.30 2,500.20 94,665.99 07/28/2025 Invoice 38014 Fillers 94,665.99 07/28/2025 Invoice 38014 Knox Horticulture:ZINNIA PROFUSION MIX 144/142 ZINNIA PROFUSION MIX 144/142 - Reduced to 51- due to over ordered amount 51.00 30.25 1,542.75 96,208.74 07/28/2025 Invoice 38014 Knox Horticulture:SUNPATIENS COMPACT ORANGE 102/100 SUNPATIENS COMPACT ORANGE 102/100 30.00 64.14 1,924.20 98,132.94 07/28/2025 Invoice 38014 Green Boxes 98,132.94 07/28/2025 Invoice 38014 Knox Horticulture:ANGELONIA SERENA WHITE 144/142 ANGELONIA SERENA WHITE 144/142 4.00 60.06 240.24 98,373.18 07/28/2025 Invoice 38014 Knox Horticulture:ZINNIA PROFUSION ORANGE 144/142 ZINNIA PROFUSION ORANGE 144/142 6.00 30.25 181.50 98,554.68 07/28/2025 Invoice 38014 Knox Horticulture:ZINNIA PROFUSION YELLOW 144/142 ZINNIA PROFUSION YELLOW 144/142 6.00 30.25 181.50 98,736.18 07/28/2025 Invoice 38014 Downtown around trees 98,736.18 07/28/2025 Invoice 38014 Knox Horticulture:ZINNIA PROFUSION MIX 144/142 ZINNIA PROFUSION MIX 144/142 15.00 30.25 453.75 99,189.93 07/28/2025 Invoice 38014 Freight:fr Freight and Handling 1.00 737.34 737.34 99,927.27 07/28/2025 Invoice 38014 PO # 20255263 99,927.27 08/11/2025 Invoice 544385 Knox MISC:Knox- Misc Poinsettia Premium Polar White 104/102 5.00 98.78 493.90 100,421.17 08/11/2025 Invoice 544385 Knox MISC:Knox- Misc Poinsettia Christmas Beauty Marble 104/102 5.00 94.27 471.35 100,892.52 08/11/2025 Invoice 544385 Freight:fr Freight and Handling 1.00 230.00 230.00 101,122.52 08/11/2025 Invoice 544385 PO # 20255482 101,122.52 08/11/2025 Invoice 544387 South Mobile Bed 101,122.52 Page 146 of 207 Sales by Customer Detail Billy Harris & Associates, Inc. October 1, 2024-September 30, 2025 Accrual Basis Monday, November 03, 2025 07:26 PM GMTZ 6/7 TRANSACTION DATE TRANSACTION TYPE NUM PRODUCT/SERVICE FULL NAME MEMO/DESCRIPTION QUANTITY SALES PRICE AMOUNT BALANCE 08/11/2025 Invoice 544387 Knox Horticulture:MARIGOLD FR BONANZA DEEP ORANGE IMP 144/142 MARIGOLD FR BONANZA DEEP ORANGE IMP 144/142 7.50 29.76 223.20 101,345.72 08/11/2025 Invoice 544387 Knox Horticulture:MARIGOLD FR BONANZA YELLOW 144/142 MARIGOLD FR BONANZA YELLOW 144/142 7.50 29.76 223.20 101,568.92 08/11/2025 Invoice 544387 Clock 101,568.92 08/11/2025 Invoice 544387 Knox Horticulture:MARIGOLD FR BONANZA DEEP ORANGE IMP 144/142 MARIGOLD FR BONANZA DEEP ORANGE IMP 144/142 7.50 29.76 223.20 101,792.12 08/11/2025 Invoice 544387 Knox Horticulture:MARIGOLD FR BONANZA YELLOW 144/142 MARIGOLD FR BONANZA YELLOW 144/142 7.50 29.76 223.20 102,015.32 08/11/2025 Invoice 544387 Sunbelt Greenhouse 25-26:Sunbelt Misc Freight and Handling 1.00 203.70 203.70 102,219.02 08/11/2025 Invoice 544387 PO # 2025 5262 102,219.02 08/11/2025 Invoice 544388 Borders 102,219.02 08/11/2025 Invoice 544388 Knox Horticulture:ALTERNANTHERA TRUE YELLOW 102/100 ALTERNANTHERA TRUE YELLOW 102/100 - 18 trays backordered from 7/28 Shipment 18.00 46.30 833.40 103,052.42 Page 147 of 207 Sales by Customer Detail Billy Harris & Associates, Inc. October 1, 2024-September 30, 2025 Accrual Basis Monday, November 03, 2025 07:26 PM GMTZ 7/7 TRANSACTION DATE TRANSACTION TYPE NUM PRODUCT/SERVICE FULL NAME MEMO/DESCRIPTION QUANTITY SALES PRICE AMOUNT BALANCE 08/11/2025 Invoice 544388 Freight:fr Freight and Handling 1.00 97.38 97.38 103,149.80 08/18/2025 Invoice 544386 Knox MISC:Knox- Misc Poinsettia Prestige Red 104/102 20.00 94.27 1,885.40 105,035.20 08/18/2025 Invoice 544386 Freight:fr Freight and Handling 1.00 275.00 275.00 105,310.20 08/18/2025 Invoice 544386 PO # 20255481 105,310.20 09/15/2025 Invoice 115356 Vis Seed Company:VS Vis Seed Company POPPIES CHAMPAYGNE BUBBLES MIX 128 Cell 9.00 37.50 337.50 105,647.70 09/15/2025 Invoice 115356 Freight:fr Freight and Handling 1.00 185.76 185.76 105,833.46 09/15/2025 Invoice 115356 PO # 20257340 105,833.46 09/15/2025 Invoice 545424 Height in Beds 105,833.46 09/15/2025 Invoice 545424 Knox Horticulture:SNAPDRAGON SNAPSHOT WHITE 144/142 SNAPDRAGON SNAPSHOT WHITE 144/142 8.00 31.13 249.04 106,082.50 09/15/2025 Invoice 545424 Freight:fr Freight and Handling 1.00 54.32 54.32 106,136.82 09/15/2025 Invoice 545424 PO # 20257339 106,136.82 Total for City of Fairhope 3362.00 $106,136.82 TOTAL 3362.00 $106,136.82 Page 148 of 207 Ruigrok Flowerbulbs Zi l kerbinnenweg 58 • 2191 AD De Zi lk • T he Nether lands T +31(0) 252 515821 • F +31(0) 252 519489 USA: 1 877 -240-8630 • Canada : 1877-783-79 84 i nfo @ ruigrokflowerbulbs .c om • www .ruigrokflowerbulbs .com since 1910 Package Nrs. 6160 -6166 6 167 -6178 6 179 -6228 6229 -6238 6239 -6240 6241 -6248 6249 -6255 6256 -6295 6296 -6296 6297 -6336 6337 -6338 6339 -6339 6340 -6368 6369 -6378 6379 -6393 6394 -6397 6398 -6422 City Of Fairhope P.O. Box 429 Fairhope AL 36533 USA C ITY OF FAIRHOPE OCT O 3 2025 ACCTS PAYABLE Quantity Description Size 1 .575 Delft Blue 17/1 8 Hyacinth us 2 .700 Pink Pearl 17/18 Hyaci nth us 25 .000 Dynasty 12/+ Tulipa Triumph 5 .000 Negrita 12/+ Tul ipa Triumph 1 .000 Sunrise Dynasty 12/+ Tulipa Triumph 4 .000 Tom Pouce 12/+ Tulipa Tri umph 3 .500 Golden Parade 12/+ Tul ipa Darwin Hybrid 14 .000 Golden Parade 14/+ Tu li pa Darwin Hybrid 50 0 Novi Sun 12/+ Tulipa Darwin Hybrid 20 .000 Parade 12/+ Tulipa Darwin Hybrid 1 .000 Van Eijk ® 12/+ Tulipa Darwin Hybrid 500 World Peace 12/+ Tulipa Darwin Hybrid 7 .2 50 Dutch Master 14/16 Narcissus Trumpet 4 .000 Goblet 12/14 Narcissus Trumpet Invo ice Invoice nr. Date Page "1 3788 Oct-03-2025 1 / 2 --··-·- Due Date Delivery Conditions Nov-30-2025 Delivered Duty Paid -- Payment 30 Days end of Month ne t Customer No . Your Reference CU406400 '-., PO 20257355 Sales Rep . Our order nr. Phi lipp Laagland 158815 Shipping Add ress City Of Fairhope 555 South Section Street Fa irhope AL 36533 USA Price Per Price Per Tota l USO USO 525 .00 /1000 826 .88 525 .00 /1000 305.00 /1000 335 .00 /1000 305 .00 /1000 305 .00 /1 000 290 .00 /1 000 290 .00 /1000 315.00 /1000 290 .00 /1000 260 .00 /1000 325 .00 /1000 510 .00 /1000 345 .00 /1000 6 .000 Ice Foll ies 12/14 Narcissu s Large Cupped 355.00 /1000 2 .000 February Gold 12/14 Narcissus Min iature 255 .00 /1000 10 .000 Ziva (Paperwhite) 15/16 Narci ss us Tazetta 480 .00 /1000 Shipping information Gross we ight (kg ) 4611 Shipment date Sep-17-2 025 Net weight (kg) 4105 Arrival date Sep-3 0-2 025 Packages 263 Vesse l Independent Primero Package Nrs . 6160 -6422 Shipment ref . 2025 -050 Shipping company ICL Forwarding age nt Ruigrok Flowerbu lbs Broker We sterns Overseas Phyto sanitary PCNU01810258 Rabo bank : 3469 00 212 • Bank code : RABO •Sw ift / BIC code : RABONL2U • IBA N: NL47RABO0346900212 • BTW Nr: NL809 598 978 801 • Export Nr: E0113 Will Mastin (Oct 22, 2025 13:16:10 CDT) Page 149 of 207 Ruigrok Flowerbulbs Zilkerbinnenweg 58 • 2191 AD De Zi lk • The Net herland s T +31(0} 252 515821 • F +31(0) 252 519489 USA: 1 877 -2 40-8630 • Ca nada : 1877-783 -79 84 i nfo @ruig ro kflowerbu lbs .com • www.ruigrokflowerbulbs.com since 1910 Package Nrs. City Of Fairhope P.O . Box 429 Fairhope AL 36533 USA Quantity Description Size Thank you for your order. Invoi ce nr. 13788 Price Per Please pay this invoice before due date in US Dollars by using one of these payment methods : PLEASE PAY BEFORE DUE DATE BY ELECTRONIC TRANSFER. Account name : C .J. Ruigrok en Zonen BV . Accountnr :70280000000001194 ABA/RTN: 031100209 Swift Code : CITIUS33 Bank name : Citibank N.A. 388 Greenwich St , NY10013 New York, USA 2. By check to: Ruigrok Flowerbulbs P.O . Box 538 Chester NY 10918 Goods Tariffs 15% Subtotal Amount Date Oct-03-2 025 Pri ce Per USO Invoice Pag e 2/2 Total USO 5,556.28 USO 42 ,598 .16 USO 42 ,598 .16 USO Rabobank : 3469 00 212 • Bank code: RABO • Swift / BIC code : RABON L2U • IBAN : NL47RAB O0 3469002 1 2 • BTW Nr: NL809 598 978 B0l • Export Nr: E0113 Page 150 of 207 RUIGROK PO 20257355 Final Audit Report 2025-10-22 Created:2025-10-22 By:Cynthia Kittrell (cynthia.kittrell@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAejCLVBFTPp-Dbqo164VEAMYsOsTKqyUc "RUIGROK PO 20257355" History Document created by Cynthia Kittrell (cynthia.kittrell@fairhopeal.gov) 2025-10-22 - 6:03:29 PM GMT Document emailed to Will Mastin (will.mastin@fairhopeal.gov) for signature 2025-10-22 - 6:03:34 PM GMT Email viewed by Will Mastin (will.mastin@fairhopeal.gov) 2025-10-22 - 6:15:41 PM GMT Document e-signed by Will Mastin (will.mastin@fairhopeal.gov) Signature Date: 2025-10-22 - 6:16:10 PM GMT - Time Source: server Agreement completed. 2025-10-22 - 6:16:10 PM GMT Page 151 of 207 Page 152 of 207 Page 153 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-134 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, and the Public Works Landscape Department's Horticulture Supervisor, Will Mastin, have requested the procurement of potting soil to be used for various plantings throughout the City. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve this FY2026 potting soil procurement for the Public Works Department with an estimated annual cost of $56,856.00 plus fuel surcharge. Potting Soil Sungro MM830-F3B RSi is from Sungro Horticulture Inc. as sole source and manufacturer. BACKGROUND INFORMATION: The Director of Public Works, George Ladd, and the Public Works Landscape Department's Horticulture Supervisor, Will Mastin, have requested the procurement of potting soil to be used for various plantings throughout the City. The Sungro MM830- F3B potting soil is from Sungro Horticulture Inc., which is the sole source and manufacturer of this product. The cost is Thirteen Dollars and Forty-Six Cents ($13.46) per fifty (50) pound bag. In addition, each load will have a fuel surcharge of One Hundred Twenty-Five Dollars ($125.00). The annual estimated cost for this purchase is Fifty-Six Thousand Eight Hundred Fifty-Six Dollars ($56,856.00) plus fuel surcharge. This purchase is exempt from formal bidding on the option allowed by the Code of Alabama 1975, Section 41-16-51(13): "Contractual services and purchases of commodities for which there is only one vendor or supplier and contractual services and purchases of personal property which by their very nature are impossible to award by competitive bidding." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001360- 51410 St. Material & Landscape $56,856.00 $56,856.00 ($0.00) Page 154 of 207 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 155 of 207 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF F , as follows: Page 156 of 207 Order Date:5/7/2024 770 Silver Street Agawam, MA, USA 01001 Phone: 1-800-732-8667 (Option 1) Fax: 1-413-789-3425 214244 Ship To Customer #: City of Fairhope Ship to:City of Fairhope PO Box 429 Address:555 S Section St Address 2: Fairhope City:Fairhope AL State/Province:AL 36532 Zip /Postal Code:36532 251-929-0346 Phone:251-929-0346 Jamie Rollins/Will Mastin Contact:Jamie Rollins/Will Mastin Jamie.Rollins@fairhopeal.gov Will.Mastin@fairhopeal.gov Email: 3/10/2025 3/24/2025 20253194 Terms: Qty Item Number Item Description:UOM # Per Pallet Bal Y/N Unit Price Total Pallets 1,056 5102.CFL002.8P MM830-F3B RSi CFL002.8 48 Yes $13.46 22 Total Pallets: 22 $125 Distribution Surcharge $0 Date Submitted: Submitted By:Dan Baranowski Comments or Special Instructions Standard terms: 2% 10, 1% 30 days, net due 90 days. Fuel Surcharge: 3/11/2025 Program Details Quote Date: Requested Delivery Date: Customer PO Number: Program: Jamie.Rollins@fairhopeal.gov Will.Mastin@fairhopeal.gov Bill To Customer #: 214244 Sold to: Address: Address 2: City: State/Province: Zip /Postal Code: Phone: Contact: Email: orders@sungro.com VENDOR: SUN GRO HORTICULTURE PURCHASE ORDER Prepared by: Dan Baranowski City of Fairhope jamie.rollins@fairhopeal.gov; Will.Mastin@fairhopeal.gov Page 157 of 207 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. Sungro Horticulture 14,214 ( x4 seasons) = $56,856 2. $ 3. $ 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? Potting Soil for flower planting / beds in town 2. What is the total cost of the item or service? 56,856 3. How many do you need? 1 – Total - ordered ¼ at a time - 4 times per year 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Sungro Horticulture 6. Vendor Number: 4914 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? 56,856 3. Budget code: 51410 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 158 of 207 November 7, 2025 Randy Weaver Purchasing Agent City of Fairhope Randy, This is to confirm that Sun Gro® Horticulture is the manufacturer and sole source of the 51027.CFL002.8P-MM830-F3B FB RSI product used by the City of Fairhope. We are the only manufacturer producing growing media products with the incorporation of RESILIENCE®, our tradename for silicon. Best Regards, Dan Baranowski District Sales Manager AL MS TN KY Sun Gro Horticulture 804-314-3203 dan.baranowski@sungro.com Page 159 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-144 FROM: Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: The Electric Department Superintendent has requested to procure a qualified contractor to provide flame resistant (FR) uniform pants and outerwear for employees on an annual contract. This contract will be for Electric Department, Gas Department, Meter Department, Public Works Department, and any other employees as required for job duties. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 26-006 Flame Resistant (FR) Uniform Pants and Outerwear Annual Contract to Image Solutions for an annual contract amount not-to- exceed $60,000.00. BACKGROUND INFORMATION: A service bid was issued on October 17, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Five (5) responsive bids were received at the bid opening on November 4, 2025 at 2:00 p.m. Image Solutions USA bid the highest number of low bid items for the three (3) year contract. The Electric Superintendent recommends awarding the annual contract to Image Solutions USA for the Annual Contract amount not-to-exceed Sixty Thousand Dollars ($60,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Various- 50462 Various Dept - Safety Wear & PPE $60,000.00 $60,000.00 ($0.00) GRANT: N/A Page 160 of 207 LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 161 of 207 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-006) Flame Resistant (FR) Uniform Pants and Outerwear Annual Contract for an annual contract for the City of Fairhope Electric Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 26-006) Flame Resistant (FR) Uniform Pants and Outerwear Annual Contract [3] After evaluating the bid proposals with the required bid specifications, Image Solutions USA is now awarded (Bid No. 26-006) Flame Resistant (FR) Uniform Pants and Outerwear Annual Contract for the City of Fairhope Electric Department with an annual contract amount not-to-exceed $60,000.00. ADOPTED ON THIS 20TH DAY OF NOVEMBER 2025 _________________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 162 of 207 Page 163 of 207 Page 164 of 207 Page 165 of 207 Page 166 of 207 Page 167 of 207 Page 168 of 207 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Ben Patterson Department: Electric Project Name: FR Uniform Pants Annual Contract BID INFORMATION Related Bids/RF’s FORCE ACCOUNT INFORMATION SIGNATURES Page 169 of 207 PRF for 2026 FR pants Final Audit Report 2025-09-11 Created:2025-09-11 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAWGXWMslXfBBlqUmt9Xo9N7Q5iRzPmxyl "PRF for 2026 FR pants" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-09-11 - 2:29:22 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-09-11 - 2:29:45 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-09-11 - 3:42:24 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-09-11 - 3:43:11 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-09-11 - 3:43:13 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-09-11 - 3:44:11 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-09-11 - 3:44:30 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-09-11 - 3:44:32 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-09-11 - 9:27:43 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-09-11 - 9:38:23 PM GMT - Time Source: server Agreement completed. 2025-09-11 - 9:38:23 PM GMT Page 170 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-138 FROM: Jeff Montgomery SUBJECT: The Director of I.T., Jeff Montgomery, is requesting procurement of an upgrade to the existing Downtown Announcement System and to upgrade the Audio System Wi-Fi. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve the upgrade of the existing Downtown Announcement System and upgrade the Audio System Wi-Fi from G & H Systems as sole source distributor; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41- 16-51(13). The cost for the announcement system upgrade will not-to-exceed $68,150.00 and the cost for the Wi-Fi upgrade will not to exceed $23,565.00. Total cost not-to-exceed $91,715.00. BACKGROUND INFORMATION: The Director of I.T., Jeff Montgomery, is requesting procurement of an upgrade to the existing Downtown Announcement System and to upgrade the Audio System Wi-Fi. The upgrade to the existing Downtown Announcement System will include: • SpeakerPod V2 networked audio system - pole-mounted dual speaker pod with Ubiquiti Wi-Fi access point upgrade (Qty: 12): $35,400.00 • Custom Paint Color (Qty: 12): $1,800.00 • Infrastructure components: $5,850.00 • Installation and Programming: $8,150.00 • Lift Rental and Traffic Control: $3,000.00 • Mobilization: $1,700.00 • Project design and Management: $3,250.00 • 1-Year Maintenance Plan (Qty: 3): $9,000.00 The upgrade to the Audio System Wi-Fi will include: • Wi-Fi Upgrade Kit for existing Speaker Pod V1 (Qty: 21): $15,015.00 • Installation and Programming: $4,000.00 • Lift Rental and Traffic Control: $750.00 Page 171 of 207 • Mobilization, Project design and Management: $1,550.00 • 1-Year Maintenance Plan - prorated to match existing maintenance plan (Qty: 3): $2,250.00 G & H Systems, LLC. is the original designer and integrator of the City of Fairhope downtown audio and paging system. The system incorporates both custom-engineered and manufactured hardware assemblies and selected equipment integrated into a cohesive, scalable design. All major assemblies were built and configured in-house by G&H Systems to ensure long-term reliability and maintainability in an outdoor municipal deployment. In addition, software and programming developed by G&H Systems serves as the heart of the system and governs its operation, management, and control. This programming is unique to G&H Systems for the City of Fairhope installation and forms an integral part of the system’s function and performance. As the original designer and manufacturer of this system, G&H Systems is fully qualified to provide service, support, and expand/modify the system. Additions and/or modifications performed by G&H Systems will maintain the integrity and warranty of the existing installation. For these reasons, G&H Systems, LLC is the sole source capable of expanding or modifying the City of Fairhope downtown audio and paging system in a manner consistent with the original design and functional intent. The cost for the announcement system upgrade will not-to-exceed Sixty-Eight Thousand One Hundred Fifty Dollars ($68,150.00) and the cost for the Wi-Fi upgrade will not to exceed Twenty-Three Thousand Five Hundred Sixty-Five Dollars ($23,565.00). Total cost of the project is not-to-exceed Ninety-One Thousand Seven Hundred Fifteen Dollars ($91,715.00). This service is exempt from formal bidding per Code of Alabama 1975, Section 41-16- 57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." Previous Council Action: April 8, 2024 - Resolution No. 5034-24 the City Council awards a contract (Bid No. 24- 027) for an Outdoor Mass Notification System with G & H Systems, LLC. (sole bidder), with a total contract price of $106,250.00, that includes a $92,750.00 lump sum for materials/equipment and $13,500.00 for a maintenance and support agreement. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001160- 50475 IT - Capital Improvements $91,715.00 $91,715.00 ($0.00) Page 172 of 207 Project No. 2026IT0010 Project Expense String: 2026IT0010-CONS 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 173 of 207 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF F , as follows: Page 174 of 207 Quote Date 4/22/2025 Estimate # 6486 Name / Address City of Fairhope Finance & Accounting Dept. P. O. Drawer 429 Fairhope, AL 36533 Ship To Project This Quote is valid for 30 days. 905 W Nashville Ave, Atmore, AL 36502 (251) 446-3707 | www.g-hsystems.com Alabama GC # 43750 | AESBL # 18-001875 DescriptionQty Rate Total Fairhope Speaker System SpeakerPod V2 networked audio system - pole-mounted dual speaker pod with Ubiquiti WiFi access point upgrade 12 2,950.00 35,400.00T Custom paint color12 150.00 1,800.00T Lot: Back end infrastructure components - radios, network switches, roof mount(s), cabling, etc. * Estimated equipment cost based on design concept - subject to change pending final design.* 1 5,850.00 5,850.00T Installation & Programming1 8,150.00 8,150.00 Lift rental & traffic control1 3,000.00 3,000.00T Mobilization1 1,700.00 1,700.00T Project Design & Management1 3,250.00 3,250.00 1-year Maintenance plan3 3,000.00 9,000.00T Please note: 1. Adoption and configuration of Ubiquiti Unifi network equipment by owner with coordination assistance by G&H Systems Total $68,150.00 Subtotal $68,150.00 Sales Tax (0.0%)$0.00 Page 175 of 207 Quote Date 5/20/2025 Estimate # 6500 Name / Address City of Fairhope Finance & Accounting Dept. P. O. Drawer 429 Fairhope, AL 36533 Ship To Project This Quote is valid for 30 days. 905 W Nashville Ave, Atmore, AL 36502 (251) 446-3707 | www.g-hsystems.com Alabama GC # 43750 | AESBL # 18-001875 DescriptionQty Rate Total Fairhope Audio system WiFi Upgrade WiFi upgrade kit for existing SpeakerPod V1 - install upgrade kit consisting of Ubiquiti U7 outdoor access point, PoE switch, & upgraded power supply 21 715.00 15,015.00T Installation & Programming1 4,000.00 4,000.00 Lift rental & traffic control1 750.00 750.00T Mobilization, Project Design & Management1 1,550.00 1,550.00 3-year Maintenance plan *to be prorated to match existing maintenance plan* 3 750.00 2,250.00T Please note: 1. Adoption and configuration of Ubiquiti Unifi network equipment by owner with coordination assistance by G&H Systems Total $23,565.00 Subtotal $23,565.00 Sales Tax (0.0%)$0.00 Page 176 of 207 Page 1 905 W Nashville Ave | Atmore, AL 36502 | www.g-hsystems.com | (251) 446-3707 November 5, 2025 To Whom It May Concern: G&H Systems, LLC is the original designer and integrator of the City of Fairhope downtown audio and paging system. This system was conceived, engineered, and assembled by G&H Systems specifically to meet the City’s unique operational, architectural, and environmental needs. The system incorporates both custom-engineered and manufactured hardware assemblies and carefully selected equipment integrated into a cohesive, scalable design. All major assemblies were built and configured in-house by G&H Systems to ensure long-term reliability and maintainability in an outdoor municipal deployment. In addition, software and programming developed by G&H Systems serves as the heart of the system and governs its operation, management, and control. This programming is unique to G&H Systems for the City of Fairhope installation and forms an integral part of the system’s function and performance. As the original designer and manufacturer of this system, G&H Systems is fully qualified to provide service, support, and expand/modify the system. Additions and/or modifications performed by G&H Systems will maintain the integrity and warranty of the existing installation. For these reasons, G&H Systems, LLC is the sole source capable of expanding or modifying the City of Fairhope downtown audio and paging system in a manner consistent with the original design and functional intent. Tristan Gehman Vice President, G&H Systems Page 177 of 207 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. GH Systems 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? Downtown Announcement system and upgrade Downtown wifi 2. What is the total cost of the item or service? 91,715.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): G&H System 6. Vendor Number: 8969 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? $95,000 3. Budget code: 001160-50475 Page 178 of 207 RESOLUTIO o. 5034-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I] That the City Counci l awards a contract (Bid No . 24-027) for an Outdoor Mass Notification System with G & H Systems, LLC (sole bidder), with a total contract price of $10 6,250 .00 , that includes a $92,750.00 lump um for materials/equipment and 13 ,500.00 for a maintenance and support agreem nt. ADOPTED ON THIS 8TH D Corey Martin , Council President Attest: ~/¼.L City Clerk Page 179 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-168 FROM: Stephanie Hollinghead, Chief SUBJECT: The Chief of Police, Stephanie Hollinghead, is requesting the purchase of one (1) TruNarc™ Delta Portable Analytical Kit and two (2) TruNarc™ Solution Kits; and for the City to approve the use of funds from the McKesson Alabama Settlement Agreement for this purchase. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve the use of McKesson Alabama Settlement Agreement funds for the purchase of one (1) TruNarc™ Delta Portable Analytical Kit and two (2) TruNarc™ Solution Kits ; and for the approval of the sole source with Thermo Scientific Portable Analytical Instruments, Inc.. BACKGROUND INFORMATION: The Chief of Police, Stephanie Hollinghead, is requesting the purchase of one (1) TruNarc™ Delta Portable Analytical Kit and two (2) TruNarc™ Solution Kits. Thermo Scientific Portable Analytical Instruments, Inc. is the sole and exclusive owner of all patents, trademarks, and intellectual property. The procurement includes the following: • TruNarc™ Delta Portable Analytical Kit with 5 years of warranty. Warranty includes factory repair, loaner units when available and 24/7 technical support. Companion PCTruNarc admin software, unlimited access to TruNarc™ eLEarning course and free basic software updates to core narcotics library are provided for the life of the instrument. Qty: 1 - $38,950.00 • TruNarc™ Solution Kits (Type H2) for the identification of Heroin and other special narcotics. Kit includes 20 test sticks and 20 solutions vials with methanol. Qty: 2 - $0 The total cost will not-to-exceed Thirty-Eight Thousand Nine Hundred Fifty Dollars ($38,950.00). The Chief of Police also requests approval of the use of funds from the McKesson Alabama Settlement Agreement. This purchase constitutes a public purpose and the Page 180 of 207 City can further safeguard the safety of its staff and residents for eight plus years with this Portable Drug Analyzer. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 51225 Narcotic Purchases $0.00 $38,950.00 ($38,950.00) Drug Settlement funds available $64,211.44. GRANT: McKesson Alabama Settlement Agreement LEGAL IMPACT: Vendor will accept PO in lieu of signature. 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 181 of 207 RESOLUTION NO. ____ , as follows: [1] That the City of Fairhope has voted to approve TruNarc™ Delta Model and TruNarc™ Solution Kit (Type H2) as sole source with Thermo Scientific Portable Analytical Instruments, Inc.; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The total cost will not-to- exceed $38,950.00. The City of Fairhope also authorizes the use of funds from the McKesson Alabama Settlement Agreement. This purchase constitutes a public purpose, and the City can further safeguard the safety of its staff and residents with this Portable Drug Analyzer. ADOPTED ON THIS 20TH DAY OF NOVEMBER, 2025 Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 182 of 207 Page 1 / 9 When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Sales Quotation Quote Number Created Date Exp. Delivery Terms Page 00474742 10/10/2025 ARO 1 / 9 Contact:Phone Payment Term Valid To Geno Ferrera (951) 326-0405 Net 30 12/12/2025 Inco Terms Shipping Method FOB Origin - Tewksbury, Ma.Fed Ex Thermo Scientific Portable Analytical Instruments Inc. 2 Radcliff Rd Tewksbury, Massachusetts 01876 United States Submitted To: David Hall Fairhope Police Department 302 Flycreek Ave unit 1117 Fairhope, Alabama 36532 United States Phone: 808211423 Email: david.hall@fairhopeal.gov THANK YOU FOR YOUR INTEREST IN THERMO SCIENTIFIC INSTRUMENTATION To Place an Order: Contact:Geno Ferrera Phone:(951) 326-0405 Fax: Email: Additional instructions, terms & conditions on last page Pos.Product Code Product Name List Price Discount Disc %Sales Price Quantity Total Price 1.00 800-07041-01 TruNarc Delta,5 Year Warranty,English USD 41,000.00 USD 2,050.00 5.00%USD 38,950.00 1.00 USD 38,950.00 TruNarc Delta Model with 5 years of warranty. Warranty includes factory repair, loaner units when available and 24/7 technical support. Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the instrument. 2.00 810-03241-01 TruNarc Solution Kit (Type H2) - 20, English USD 180.00 USD 360.00 100.00%USD 0.00 2.00 USD 0.00 TruNarc Solution Kit (Type H2) for identification of Heroin and other special narcotics. Kit includes 20 Test Sticks and 20 Solution Vials with Methanol. Note that because of the Methanol, this product ships as a Hazardous Goods shipment. The shelf life for Type H2 sticks is approximately one year from shipment. Subtotal:USD 41,360.00 Discount:USD 2,410.00 Total:USD 38,950.00 Excludes Taxes and Import Fees Fully Insured 2nd Day Federal Express delivery in U.S., Canada, and Puerto Rico Page 183 of 207 Page 2 / 9 When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Important Note: Please issue POs to Thermo Scientific Portable Analytical Instruments Inc Federal Tax ID No.: 01-0650031 CAGE CODE: 392A9 DUNS #: 11-289-3131 Bank of America ABA# for Wire Payments: 026 009 593 Bank of America ABA# for ACH Payments: 111 000 012 Beneficiary Account Number: 4426843850 Page 184 of 207 Page 3 / 9 When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence. Acceptance of Purchase Quote: GF-00474742 By signing below, you (i) warrant that you are an authorized representative of your company, (ii) agree that the Thermo Scientific Portable Analytical Instruments Inc. Terms and Conditions of Sale attached hereto (the “Terms and Conditions”) shall supersede any preprinted terms and conditions, in their entirety, contained in any purchase order that your company issues and (iii) the Terms and Conditions shall exclusively govern the transaction(s) contemplated hereby ___________________________________ ___________________________________ ___________________________________ Signature of authorized company representative Date Phone# ___________________________________ ___________________________________ ___________________________________ Print Name Title Email ___________________________________ ___________________________________ ___________________________________ Model # Amount + S&H Purchase Order Number E-mail to: PAIglobalcustomerservice@thermofisher.com Fax to: 1-877-680-2568 Order Processing Address: Remit check Payment To: Thermo Scientific Portable Analytical Instruments Inc Thermo Scientific Portable Analytical Instruments Inc PO Box 415918 2 Radcliff Road Boston, MA 02241-415918 Tewksbury, MA 01876 Payment Details Method of Payment Sales Tax Application Net 30 (Attach Credit Application & Credit References) Yes Apply Sales Tax Credit Card No Check - If no, you must provide a copy of your tax exemption certificate along with your purchase order. Wire Transfer **Please contact your customer service representative with your credit card information. (Do not send any credit card info via email or fax.)** Address Verification Please make corrections if necessary below: Bill to:Ship to: Fairhope Police Department 302 Flycreek Ave unit 1117 Fairhope Police Department 302 Flycreek Ave unit 1117 Fairhope, Alabama 36532 Fairhope, Alabama 36532 United States United States Additional Options / Accessories Please use the space below to note any additional options and/or accessories you wish to add from the attached sheets that are not included in the above quotation. __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 185 of 207 THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS INC – TERMS AND CONDITIONS OF SALE Last revised October 2024 UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. GENERAL. Thermo Scientific Portable Analytical Instruments Inc (“Seller”) hereby offers for sale to the buyer named on the face hereof ("Buyer") the products listed on the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this agreement (the “Agreement”) differ from the terms of Buyer’s offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer’s document. Buyer’s receipt of Products or Seller’s commencement of the services provided hereunder will constitute Buyer’s acceptance of this Agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller. 2. PRICE. All prices published by Seller or quoted by Seller’s representatives may be changed at any time without notice. All prices quoted by Seller or Seller’s representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products will be as specified by Seller or, if no price has been specified or quoted, will be Seller's price in effect at the time of shipment. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions, which are not part of Seller's original price quotation. 3. TAXES AND OTHER CHARGES. Prices for the Products exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Products covered hereby, all of which taxes and duties must be paid by Buyer. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. Buyer shall be solely responsible for obtaining any and all necessary licenses, registrations, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation pertaining to the use or possession of the products contemplated herein that include radioactive isotopes, or x-ray tubes if any. Buyer shall pay Seller such surcharges, or other fees, in respect of the sale of Products hereunder as Seller deems necessary and appropriate (in Seller’s sole, good-faith, reasonable discretion) to account for changes in the cost to product, develop, market, or sell the Products to Buyer hereunder (whether as the result of the imposition of tariffs or otherwise). All such surcharges must be paid by Buyer in accordance with the payment terms set forth herein. Buyer agrees that such surcharges, or other fees, or any termination thereof, shall take effect immediately upon written notice thereof by Seller to Buyer. In the event that Seller’s quote and/or order acknowledgement set forth surcharges, those documents shall be considered adequate written notice to Buyer that said surcharges are Buyer’s responsibility. Any such surcharges shall not constitute an increase in the Price(s) of any Products or Services sold under this Agreement 4. TERMS OF PAYMENT. Seller may invoice Buyer upon shipment for the price and all other charges payable by Buyer in accordance with the terms on the face hereof. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. If Buyer fails to pay any amounts when due, Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder. Seller reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to Seller, at any time that Seller believes in good faith that Buyer's financial condition does not justify the terms of payment specified. All payments shall be made in U.S. Dollars. 5. DELIVERY CANCELLATION OR CHANGES BY BUYER. The Products will be shipped to the destination specified by Buyer, F.O.B. shipping point. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately. Seller reserves the right to stop delivery of Products in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder. All shipping dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Products as to which delivery is delayed due to any cause within Buyer's control may be placed in storage by Seller at Buyer's risk and expense and for Buyer's account. Orders in process may be canceled only with Seller's written consent and upon payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment in the purchase price therefor. Credit will not be allowed for Products returned without prior written consent of seller. Page 186 of 207 6. RETURN OF PRODUCTS/RESTOCKING CHARGE. Buyer must obtain permission from Seller prior to returning Products. The request must be received within ten (10) days of receipt of the Products. Older items, service parts, and discontinued items cannot be returned for credit. In order to obtain a RMA number, Buyer must contact Seller’s customer support. Seller, in its discretion, may impose a twenty (20%) percent restocking charge of the price paid for any item authorized for return for credit 7. TITLE AND RISK OF LOSS. Notwithstanding the trade terms indicated above and subject to Seller’s right to stop delivery of Products in transit, title to and risk of loss of the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier irrespective of which Party’s carrier is used for the transport or the manner of payment ascribed to the transport; provided, however, that title to any software incorporated within or forming a part of the Products shall at all times remain with Seller or the licensor(s) thereof, as the case may be. 8. WARRANTY. Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of shipment to Buyer for equipment and ninety (90) days for all other products (the "Warranty Period"). During the Warranty Period, Seller agrees, in its sole discretion, to repair or replace, Products and/or provide additional parts or services as reasonably necessary to cause the same to perform in substantial conformance with said published specifications; provided that Buyer shall (a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s review, Seller will provide Buyer with service data and /or a Return Material Authorization (“RMA), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller with all costs prepaid by Buyer. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to Buyer of repaired or replacement Products shall be made in accordance with the Delivery provisions of the Rev October 2024 Seller’s Terms and Conditions of Sale. Consumables are expressly excluded from this warranty. If Seller elects to repair defective device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the instruments are being repaired. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this Warranty shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT. 9. INDEMNIFICATION 9.1. By Seller. By Seller. Seller agrees to indemnify, defend and save Buyer, its officer, directors, and employees from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney’s fees) (“Indemnified Items”) arising out of third party claims (i) for injury to or death of persons or damage to property to the extent caused by the negligence or willful misconduct of Seller, its employees, agents or representatives or contractors in connection with the performance of services at Buyer’s premises under this Agreement and (ii) that a Product infringes any valid United States patent, copyright or trade secret; provided, however, Seller shall have no liability under this Section to the extent any such Indemnified Items are caused by either (i) the negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, (ii) by any third party, (iii) use of a Product in combination with equipment or software not supplied by Seller where the Product would not itself be infringing, (iv) compliance with Buyer's designs, specifications or instructions, (v) use of the Product in an application or environment for which it was not designed or (vi) modifications of the Product by anyone other than Seller without Seller's prior written approval. Buyer shall provide Seller prompt written notice of any third party claim covered by Seller’s indemnification obligations hereunder. Seller shall have the right to assume exclusive control of the defense of such claim or, at the option of the Seller, to settle the same. Buyer agrees to cooperate reasonably with Seller in connection with the performance by Seller of its obligations in this Section. Notwithstanding the above, Seller’s infringement related indemnification obligations shall be extinguished and relieved if Seller, at its discretion and at its own expense (a) procures for Buyer the right, at no additional expense to Buyer, to continue using the Product; (b) replaces or modifies the Product so that it becomes non-infringing, provided the modification or replacement does not adversely affect the specifications of the Product; or (c) in the event(a) and (b) are not practical, refund to Buyer the amortized amounts paid by Buyer with Page 187 of 207 respect thereto, based on a five (5) year amortization schedule. THE FOREGOING INDEMNIFICATION PROVISION STATES SELLER'S ENTIRE LIABILITY TO BUYER FOR THE CLAIMS DESCRIBED HEREIN. 9.2. By Buyer. Buyer shall indemnify, defend with competent and experienced counsel and hold harmless Seller, its parent, subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer, its agents, employees, representatives or contractors; (ii) use of a Product in combination with equipment or software not supplied by Seller where the Product itself would not be infringing; (iii) Seller's compliance with designs, specifications or instructions supplied to Seller by Buyer; (iv) use of a Product in an application or environment for which it was not designed; or (v) modifications of a Product by anyone other than Seller without Seller's prior written approval. 10. SOFTWARE. With respect to any software products incorporated in or forming a part of the Products hereunder, Seller and Buyer intend and agree that such software products are being licensed and not sold, and that the words "purchase", "sell" or similar or derivative words are understood and agreed to mean "license", and that the word "Buyer" or similar or derivative words are understood and agreed to mean "licensee". Notwithstanding anything to the contrary contained herein, Seller or its licensor, as the case may be, retains all rights and interest in software products provided hereunder. Seller hereby grants to Buyer a royalty-free, non-exclusive, nontransferable license, without power to sublicense, to use software provided hereunder solely for Buyer's own internal business purposes on the hardware products provided hereunder and to use the related documentation solely for Buyer's own internal business purposes. This license terminates when Buyer's lawful possession of the hardware products provided hereunder ceases, unless earlier terminated as provided herein. Buyer agrees to hold in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related documentation provided hereunder. Buyer may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without Seller's prior written consent. Seller will be entitled to terminate this license if Buyer fails to comply with any term or condition herein. Buyer agrees, upon termination of this license, immediately to return to Seller all software products and related documentation provided hereunder and all copies and portions thereof 11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B)ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT 12. EXPORT RESTRICTIONS. Buyer acknowledges that the provision by Seller of products (including components and spare parts), software, services (including warranty services), technology or intellectual property, including technical information supplied by Seller or contained in documents (collectively Items), is subject to applicable export controls of the U.S. government and other jurisdictions, including but not limited to the European Union. These controls may require Seller or Buyer to first obtain a license (or similar requirement) from the relevant authority, or regulatory body. Seller shall not be liable to Buyer for any delay or failure to obtain the licenses or approvals that Seller reasonably believes are necessary. Buyer shall comply with all applicable export laws and regulations. Buyer shall not, without first obtaining from the relevant authority or regulatory body any license required to do so lawfully, export or re-export any Item (either directly or indirectly), to: (i) any restricted or embargoed country or any person or organization whose privilege to participate in exports has been denied or restricted by the applicable authority; or (ii) any person or organization who is involved in improper development or use of nuclear weapons, or of chemical/biological weapons (CBW) or missiles, or in terrorist activities. Buyer agrees not to use any supplied Item in restricted or prohibited activities such as nuclear explosives, unsafeguarded nuclear activities, chemical or biological weapons development, restricted rocket or missile systems, or restricted military purposes. Buyer will, on request (i) promptly provide written information correctly identifying the end user and end use of any Items (including any information as it may relate to a subsequent transfer of such Items by Buyer); and (ii) cooperate fully with Seller in any official or unofficial audit or inspection arising in respect of the Items under applicable export or import control laws or regulations. Buyer will ensure that the customers and end users to whom Buyer re-sells or transfers the Items agree in writing to the provisions of this Section and Buyer covenants to use its best efforts to enforce such provisions against customers and end users. Buyer shall indemnify and hold Seller harmless from, or in connection with, any violation of this Section by Buyer or its employees, consultants, agents and/or representatives. In addition, failure of Buyer to comply with this Section shall be a material breach of this Agreement and shall entitle Seller to immediately terminate this Agreement. Seller shall be entitled to terminate this Agreement without prior notice if such termination is necessary in order to comply with applicable export laws and regulations 13. HAZARDOUS MATERIALS. Some Products may require special packaging, labeling, marking and handling. Carriers may add additional freight charges for the handling or transporting of these materials. The consolidating of such material with other Products may be prohibited. Additional freight charges will be billed per Seller’s shipping terms. Be sure to advise Seller of shipping instructions for these hazardous materials to reduce your freight costs. 14. Page 188 of 207 INSURANCE. Seller and Buyer will each carry and maintain, at their own expense, insurance to cover their obligations under this Agreement, which at a minimum shall include (1) commercial general liability (public liability) insurance including contractual liability coverage covering bodily injury and property damage with limits of not less than the equivalent of USD 1,000,000 per occurrence and USD 2,000,000 in the aggregate; and (2) any other insurance required by law or regulation. Seller’s commercial general liability policy shall include Buyer as an additional insured (to the extent such status is commercially available) only with respect to and to the extent of the insurable liabilities and obligations assumed by Seller under this Agreement. 15. MISCELLANEOUS. (a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's prior written consent, and any such attempted delegation or assignment shall be void. (b) The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Seller’s manufacturing location, without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the county and state of Seller’s manufacturing location, in any action arising out of or relating to this Agreement. (c) Both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury. Any action arising under this Agreement must be brought within one (1) year from the date that the cause of action arose. (d) The application to this Agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. (e) In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain. (f) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. (g) Unless otherwise expressly stated on the Product or in the documentation accompanying the Product, the Product is intended for non-clinical, non-diagnostic, non-therapeutic use only and is not to be used for any other purpose, including without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals. (h) Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller. Buyer agrees to (1) keep such information confidential and not disclose such information to any third party, and (2) use such information solely for Buyer’s internal purposes and in connection with the Products supplied hereunder. Nothing herein shall restrict the use of information available to the general public. (i) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other (j) Seller hereby rejects and disclaims any rights of Buyer contained, or obligations imposed upon Seller, in any document provided, referenced or otherwise submitted by Buyer, in each case, that Seller has not expressly included in these [terms and conditions] or a writing manually executed by Seller (including without limitation, any rights of Buyer in respect of designs, specifications, source code or intellectual property, owned, created, developed or licensed, by Seller; any confidentiality obligations imposed on Seller; any rights to items or services not specifically identified in Seller’s quotation; any obligation that Seller’s products or services conform to any requirement other than Seller’s published specifications therefor; any audit rights, inspection (whether of products, documentation, or otherwise) rights, or financial offset rights of Buyer; any penalties or liquidated damages imposed upon Seller; any obligation by Seller to comply with Health Insurance Portability and Accountability Act of 1996 (as amended), Current Good Manufacturing Practice regulations (as amended), the requirements, as amended, of the Customs-Trade Partnership Against Terrorism, or any code of conduct, quality program, information security program, background or drug screening program or other guidelines, programs or policies, in each case, promulgated or required by Buyer; any obligation that Seller comply with any law that, under law, would not otherwise apply to Seller in respect of the transaction(s) contemplated hereby, including without limitation any obligation of Seller to comply with any Federal Acquisition Regulation, Defense Federal Acquisition Regulation, or any other rule, regulation, or policy of any government entity that would only bind Seller by virtue of Seller’s assent thereto, in each case regardless of whether identified as such; any obligation that Seller contract with any third party on any particular terms; any requirement that Seller inspect, audit, or otherwise oversee any third party; any right of Buyer to withhold all, or any portion, of the purchase price of any products or services provided hereunder for any period of time; any right of Buyer to return, or condition acceptance of, any products or services on any basis other than compliance with Seller’s acceptance criteria; any right of Buyer, itself or through any third party, to remediate any defects in, replace or re-perform, any products or services provided hereunder at Seller’s cost or expense; any obligation that Seller procure or maintain insurance coverage on any specific terms (including without limitation as to type, quality, amount, waiver of subrogation, or additional insureds); any requirement that Seller personnel bind themselves in their personal capacities; any requirement that Seller or its personnel execute any additional instrument as a condition to Seller’s performance hereunder; any obligation of Seller that would impair, restrict or prohibit Seller’s ability to freely conduct any business with any person or in any geography or market; any early-payment, or other, discount; any obligation of Seller to maintain a supply of spares, or otherwise make any services available, for any particular period of time; any representation, warranty or other obligation of Seller to provide pricing comparable to, or more favorable than, the pricing that Seller provides to others; any restriction of, or prohibition on, Seller’s ability to modify, change or discontinue any of its products, processes or services; or any waiver by Seller of any right to enforce any of the terms hereof). 16. SOFTWARE-AS-A-SERVICE TRANSACTIONS. IF YOU ARE PURCHASING ANY PRODUCTS PROVIDED BY SELLER HEREUNDER AND DESCRIBED IN THE RELEVANT QUOTATION OR PURCHASE ORDER AS A SUBSCRIPTION TO ANY THERMO FISHER SOFTWARE-AS-A-SERVICE OFFERING (ANY SUCH PRODUCT, HEREINAFTER, A “SUBSCRIPTION”),THEN IN RESPECT OF SUCH SUBSCRIPTION(S) ONLY (a) The following terms and conditions of this Agreement shall not apply: Sections 6-7, 9.1, and 13. (b) The following terms and conditions of this Agreement shall be modified as set forth below: (i) Section 5 shall be replaced in its entirety with the following: 5. CANCELLATION OR CHANGES BY BUYER. Seller reserves the right to suspend or terminate the Buyer’s Subscription(s), in whole or in part, if Buyer fails to make any payment to Seller when due, otherwise fails to perform its obligations hereunder, or fails to comply with the Seller’s Terms of Use agreement agreed to by Buyer and governing Buyer’s use of the Subscription(s), as in effect from time to time (the “Terms of Use”). Seller will not be liable for any loss or damage resulting from any delay in activation of the Subscription(s) or failure to activate the Subscription(s) which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the activation of the Subscription(s) within a reasonable period of time, and Buyer will not be entitled to refuse payment or otherwise be relieved of Page 189 of 207 any obligations as the result of such delay. Orders in process may be canceled only with Seller's written consent and upon payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment in the purchase price therefor. (ii) Section 8 shall be replaced in its entirety with the following: 8. WARRANTY. BUYER AGREES AND ACKNOWLEDGES THAT THE SUBSCRIPTIONS ARE SOLD “AS-IS”, WITH NO WARRANTIES EXPRESSED OR IMPLIED. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN, WITH RESPECT TO THE SUBSCRIPTIONS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. (iii) Section 10 shall be replaced in its entirety with the following: 10. SOFTWARE. This Agreement shall not be construed to grant to Buyer any patent license, know-how license or any other rights except as specifically provided herein. Buyer agrees and acknowledges that, by virtue of its purchase of the Subscriptions hereunder, it does not acquire any intellectual property rights (whether by license, assignment, or otherwise) of Seller, including without limitation any rights to the Subscriptions or related software or hardware systems (except for the limited right to use the Subscription subject to the terms and conditions set forth herein). Buyer shall not reverse engineer or copy the design, algorithms, or code, or any components thereof, of any information related to the Subscriptions for any purpose. (iv) In Section 11, the language “ONE MILLION DOLLARS ($1,000,000)” shall be replaced with “TEN THOUSAND DOLLARS ($10,000)”. (c) The following additional terms and conditions shall apply TERMS OF USE. Buyer hereby acknowledges and agrees that it shall comply with all terms and conditions of the Terms of Use, and that Buyer’s use of the Subscription in violation of any such terms and/or conditions shall entitle Seller, without prejudice to any other remedies that may be available to Seller at law or in equity, to terminate Buyer’s use of the Subscription(s) effective immediately. Buyer further agrees and acknowledges that it shall not be entitled to any refund of any portion of the purchase price paid in respect of Subscription(s) cancelled by Seller pursuant to Seller’s rights under this Section and/or the Terms of Use. Buyer’s rights to use these Subscription will begin upon Seller’s transmission to Buyer of Subscription link and end 12 months from this date unless otherwise terminated by Seller. In the event of any conflict between this Agreement and the Terms of Use, the Terms of Use shall control. 17. Customer acknowledges that the provision by Company of products (including components and spare parts), software, services (including warranty services), technology or intellectual property, including technical information supplied by Company or contained in documents (collectively Items), is subject to applicable export controls of the U.S. government and other jurisdictions, including but not limited to the European Union. These controls may require Company or Customer to first obtain a license (or similar requirement) from the relevant authority, or regulatory body. Company shall not be liable to Customer for any delay or failure to obtain the necessary licenses or approvals. Customer shall comply with all applicable export laws and regulations. Customer shall not, without first obtaining from the relevant authority or regulatory body any license required to do so lawfully, export or re-export any Item (either directly or indirectly), to: (i) any restricted or embargoed country or any person or organization whose privilege to participate in exports has been denied or restricted by the applicable authority; or (ii) any person or organization who is involved in improper development or use of nuclear weapons, or of chemical/biological weapons (CBW) or missiles, or in terrorist activities. Customer agrees not to use any supplied Item in restricted or prohibited activities such as nuclear explosives, unsafeguarded nuclear activities, chemical or biological weapons development, restricted rocket systems, or military purposes. Customer will, on request (i) promptly provide written information correctly identifying the end user and end use of any Items (including any information as it may relate to a subsequent transfer of such Items by Customer); and (ii) cooperate fully with Company in any official or unofficial audit or inspection arising in respect of the Items under applicable export or import control laws or regulations. Customer will ensure that the customers and end users to whom Customer re-sells or transfers the Items agree in writing to the provisions of this Section and Customer covenants to use its best efforts to enforce such provisions against customers and end users. Customer shall indemnify and hold Company harmless from, or in connection with, any violation of this Section by Customer or its employees, consultants, agents and/or representatives. In addition, failure of Customer to comply with this Section shall be a material breach of this Agreement and shall entitle Company to immediately terminate this Agreement; Company shall be entitled to terminate this Agreement without prior notice if such termination is necessary in order to comply with applicable export laws and regulations. 18. Notes: · Items marked with an asterisk (*) on the face of the quotation are non-Thermo Electron North America LLC products. · Prices, warranty, installation and service on the items quoted herein are available only in the United States and may not be otherwise assigned. · Tax exemption certificates or direct pay permits must be provided with the order documents, if applicable. If tax exemption documentation is not provided, buyer shall pay federal, state, and local taxes in addition to the price stated on this quotation. · Buyer shall not export or re-export technical data or products supplied by Thermo Electron North America LLC in violation of applicable export regulation. Buyer who exports products purchased hereunder assumes all responsibility for obtaining required export documentation, authorization, and payment of all applicable fees. · All prices are quoted in USD Page 190 of 207 To keep you informed, we offer a convenient way to track your order status through our Order Lookup solution. Please visit to access real-time updates and stay up to date on your shipment.https://www.thermofisher.com/store/orders/solu/ Page 191 of 207 January 6, 2025 RE: Request for Sole Service / Sole Brand Justification To whom it may concern, Thermo Fisher Scientific Thermo Scientific Portable Analytical Instruments, Inc. 2 Radcliff Road, Tewksbury, MA 01876 The purpose of this letter is to provide additional justification for why Thermo Scientific Portable Analytical Instruments Inc. (“Manufacturer”) is the sole source service provider for its handheld chemical analyzers (“Safety and Security Products”). Such Safety and Security Products deliver rapid, field- based identification of unknown chemicals, explosives, and chemical weapons, as well as narcotics directly from within the hazard zone and provide specific, actionable data— enabling first responders, national security, and military organizations to act quickly and decisively. Thermo Scientific Portable Analytical Instruments Inc. is the sole manufacturer of the FirstDefenderTM RMX, RM, TruDefenderTM FTX, FTXi, FT, FTi, GeminiTM, TruNarcTM (with TruNarc Kit,Test Stick,Type H) and 1064Defender from its sole manufacturing location at 2 Radcliff Rd Tewksbury, Massachusetts USA. These devices utilize the proprietary chemometrics and DecisionEngine 2.0 MX analysis software also produced solely by Manufacturer. No other device of this kind on the market can make use of this software as it would be a violation of intellectual property protections held by Manufacturer. Manufacturer also is the sole provider of software and library updates. Additionally, Manufacturer has developed a rugged handheld chemical identification system for solids and liquids that uses both FTIR and Raman technologies known as Gemini. Gemini is the first and only handheld that offers both Raman & FTIR technologies as well as scan delay for both Raman & FTIR. Due to their mission critical applications Manufacturer utilizes the expertise of its trained technicians and engineering staff to perform all necessary repairs. Additionally, the technicians must utilize proprietary software, intellectual property (technical documentation), calibration files and algorithms, as well as specialty tooling designed by Manufacturer in order to properly repair the Safety and Security Products in accordance with published specifications. For those reasons, coupled with complexity and overall safety, Manufacturer, is the sole service provider for our Safety and Security Products possessing unique qualifications and/or specialized capabilities or expertise that is not available in the marketplace. Best regards, Heidi Rubio Contracts Manager Page 192 of 207 Page 193 of 207 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. Thermo Scientific Portable Analytical Instruments Inc. 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? TruNarc Delta Model #800-07041-01 2. What is the total cost of the item or service? $38,950.00 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Thermo Scientific Portable Analytical Instruments Inc. 6. Vendor Number: 9867 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 194 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-139 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of the Community Affairs, Paige Crawford, is requesting the hiring of a professional consultant for RFQ PS25-029 Professional Consultant for the Design and Production of Fireworks Display for New Year's Eve 2025. AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To approve the negotiated Proposed Fee Schedule for RFQ PS26-009 Professional Consultant for the Design and Production of Fireworks Display for New Year's Eve 2025 and authorize the Mayor to execute a contract with a not-to-exceed amount of $12,000.00 to Pyro Productions. BACKGROUND INFORMATION: Per the City’s “Procedure for Procuring Professional Services for Projects Under $100K”, under the section for “Variants to the Procedure”, the Mayor exercised Option 1 and chose Pyro Productions Inc. to perform the professional service. The work to be performed is to design and produce the fireworks display for the New Year's Eve 2025. Pyro Productions Inc. has submitted a proposal for Twelve Thousand Dollars ($12,000.00) for these services. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which states: “Contracts for securing the services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” BUDGET IMPACT/FUNDING SOURCE: Page 195 of 207 Account No. Account Title Current Budget Cost Available Budget 001240- 50490-10011 Community Events - New Year's Eve $12,000.00 $12,000.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 196 of 207 RESOLUTION NO. ________ , as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Pyro Productions Inc. for a Professional Consultant for (RFQ PS26-009) Design and Production of Fireworks Display for New Year’s Eve 2025 with a not-to-exceed amount of $12,000.00; pursuant to Code of Alabama, “Pyrotechnic Shooter Law”. DULY ADOPTED THIS 20TH DAY OF NOVEMBER, 2025 ______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 197 of 207 Page 198 of 207 Page 199 of 207 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. Pyro Productions Inc. 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? Aerial Fireworks Display for New Years Eve 2025 2. What is the total cost of the item or service? $12,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Pyro Productions Inc. 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $12,000.00 3. Budget code: 001240-50490 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 200 of 207 Sherry Sullivan Mayor Council Members: Andrea Booth Jack Burrell, ACMO Jimmy Conyers Joshua Gammon Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: November 12, 2025 Re: RFQ PS26-009 Professional Consultant for the Design and Production of Fireworks Display for New Year’s Eve 2025 The Director of Community Affairs, Paige Crawford, is requesting the hiring of a professional consultant for RFQ PS26-009 Professional Consultant for the Design and Production of Fireworks Display for New Year’s Eve 2025. Per our Procedure for Procuring Professional Services, Paige Crawford and I are providing a short list of firms for the Mayor to select from for the work. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Pyro Productions Inc. _______________ ___________ None. Submit another list Cc: file, Paige Crawford, Mayor Sherry Sullivan Nov 12, 2025 Page 201 of 207 Memo to choose - NYE 2025 Fireworks Final Audit Report 2025-11-12 Created:2025-11-12 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA_XQTdyT1YteIiilDIr7arzJw0MrbZqMc "Memo to choose - NYE 2025 Fireworks" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-11-12 - 5:20:32 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-11-12 - 5:21:00 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-11-12 - 5:21:31 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-11-12 - 5:22:10 PM GMT - Time Source: server Agreement completed. 2025-11-12 - 5:22:10 PM GMT Page 202 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-140 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of Community Affairs, Paige Crawford, is requesting approval for Mayor Sherry Sullivan to execute a contract (attached) with Music Garden for U.S. Band to perform at the Fairhope New Year’s Eve 2025 Celebration at a cost of Nine Thousand Five Hundred Dollars ($9,500.00). AGENDA DATE: November 20, 2025 RECOMMENDED ACTION: To authorize the Mayor to execute a contract with Music Garden to provide musical entertainment at the Fairhope New Year’s Eve 2025 Celebration for a not-to-exceed amount of $9,500.00. To Authorize the Treasurer to issue check prior to 12/31/2025 per agreement. BACKGROUND INFORMATION: The Director of Community Affairs, Paige Crawford, is requesting approval for Mayor Sherry Sullivan to execute a contract with Music Garden for U.S. Band to perform at the Fairhope New Year’s Eve 2025 Celebration. The not-to-exceed cost is Nine Thousand Five Hundred Dollars ($9,500.00). The Director of Community Affairs is requesting to Authorize the Treasurer to issue a check prior to 12/31/2025 per agreement. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding is not required, which states: “Contracts for securing the services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” BUDGET IMPACT/FUNDING SOURCE: Page 203 of 207 Account No. Account Title Current Budget Cost Available Budget 001240- 50490-10011 Community Events - New Year's Eve $9,500.00 $9,500.00 ($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 204 of 207 RESOLUTION NO. ________ as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract between the City of Fairhope and Music Garden to provide musical entertainment at the Fairhope New Year's Eve 2025 Celebration for a not-to-exceed amount of $9,500.00; and authorize the City Treasurer to pay $9,500.00 payable to Music Garden with execution of contract prior to the performance. Exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3). ADOPTED ON THIS 20TH DAY OF NOVEMBER, 2025 ________________________________ James Reid Conyers, Jr. Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 205 of 207 MusicGardenBands.com 800-689-2263(BAND). Fax: 334-260-9947. office@musicgarden.net. 241 Mendel Pkwy E, Montgomery, AL 36117 SIGNED CONTRACT DUE WITHIN 7 DAYS THIS IS A CONTRACT for personal services of entertainers on the engagement described below, made and entered into on 11-4-25 between the undersigned Purchaser of Music (herein referred to as “Purchaser”), and the undersigned (“artist(s)). PURCHASER: City of Fairhope ARTIST: U.S Band DATE: Wednesday, December 31, 2025 TIME: TBA CT (4-hour span – including breaks) LOCATION: Downtown Fairhope – Fairhope, AL TYPE of SHOW: City Festival COMPENSATION: SOUND and LIGHTS: to be provided by Artist(s) / Band to provide Video Wall. NOTES: Purchaser to provide 5 rooms for band. AGREEMENT: Artist(s) and Purchaser herein agree that Music Garden, Inc., has performed a valuable service to each of them in bringing the two parties together for mutual benefit. Therefore, Artist(s) and Purchaser agree and guarantee to Music Garden, Inc. that should Artist(s) accept employment again from Purchaser, that Artist(s) and Purchaser will negotiate said play date through Music Garden, Inc. and the Artist(s) agrees to pay Music Garden, Inc. its usual and normal commission from the said play date for a period of twenty-four (24) months. RELEASE OF LIABILITY: It is understood and agreed by Purchaser and Artist(s) that Music Garden, Inc. is not a party to this contract, and that its only function is that of a booking agency, and further that Music Garden, Inc. is not responsible to either party for breach of this contract. It is also understood that The Music Garden assumes no liability for the execution of the terms and conditions of this contract. PROVISIONS: If performance is to be outdoors, Artist(s) and equipment need to be raised off of the ground and adequately covered from the elements (this is from the side as well as from the top) of the tent or other structure. Fans should be provided to accommodate for warm weather as well as if the temperature is going to be below 50 Fahrenheit, then heating will be provided by the purchaser in the sheltered area. Artist(s) shall not be required to perform outdoors if weather conditions make performance unsafe for Artist(s) and their equipment. If unsafe weather causes performance to be canceled Artist(s) is to be paid in full. If unsafe weather causes unreasonable delay, Artist(s) is to be paid in full regardless of actual time played. Once Artist(s) have set-up they are not required to move and set up again. CANCELLATIONS: If Purchaser elects to cancel, notice must be received by Music Garden in writing. If, due to government mandates and restrictions relating to the Covid-19 pandemic or a future pandemic that is unknown at this time (including, local, state, or federal actions, regulatory rulings, regulations, rules, and/or laws) the event cannot be held on the contracted date, Music Garden and the Artist(s) will use their best efforts to reschedule the event to a mutually agreeable future date for the Purchaser and the Band. If the contracted date is rescheduled, then Purchaser’s nonrefundable retainer will be transferred to the future date. If instead the Purchaser elects to cancel the event and not reschedule to a mutually agreeable future date, the nonrefundable retainer will be forfeited. For cancellations for any other reason than stated above, if notice is received less than 245 days from the date of the event, forfeiture will be one hundred percent (100%) of the compensation unless another booking of equal or greater value is obtained for the Artist(s) in which case Purchaser will forfeit retainer. If a booking of less value is obtained for the Artist(s), Purchaser will forfeit retainer plus the difference of the lesser value. Non-payment of nonrefundable retainer shall not relieve the Purchaser of the obligation set forth herein. This forfeiture is in addition to any other remedies enumerated in this contract or afforded by law to the Artist(s) or Music Garden, Inc. If the Artist cancels, Music Garden, Inc. will attempt to replace the date with a similar Artist. If Purchaser does not accept the replacement, the retainer will be refunded. ATTORNEY FEES: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. For Artist: ____________________________ By: Kelly Nagy For: U.S Band c/o Music Garden 241 Mendel Pkwy E Montgomery, AL 36117 For Purchaser: ____________________________ Sherry Sullivan Mayor of Fairhope % Paige Crawford Tourism and Special Events Manager City of Fairhope 251.929.1466 Paige.crawford@fairhopeal.gov Agent: Martin Brasfield 800-689-2263 or 334-320-9420 $ 9,500.00 Signed contract due within 7 days. (Music Garden accepts checks & bank transfers) (Credit Card payments add 3% convenience fee.) $ 9,500.00 payable to Music Garden due prior to the performance. Music Garden will pay Artist. Page 206 of 207 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. Music Garden 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? Provide Artist US Band for New Years Eve 2025 2. What is the total cost of the item or service? $9,500.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Music Garden 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $9,500.00 3. Budget code: 001240-50490 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 207 of 207