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HomeMy WebLinkAbout07-13-2026 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, July 13, 2026 - 6:00 PM City Council Chambers Council Members Jack Burrell Joshua Gammon Jimmy Conyers Jay Robinson Andrea Booth Invocation and Pledge of Allegiance Public Hearing – Public Hearing from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Definitions. (ZC 25.07) 7. – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Mixed Use Buildings. (ZC 25.07) 8. – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Multi-Family/Apartment. (ZC 25.07) 9. – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: PUD (Planned Unit Development). (ZC 25.07) 10. – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Site Plan Review. (ZC 25.07) 11. – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Tables 3-1, 3-2, and 3-3. (ZC 25.07) 12. – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Townhouses. (ZC 25.07) Page 1 of 178 City Council Regular Meeting July 13, 2026 Page - 2 - 13. Public Hearing – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Village Districts. (ZC 25.07) 14. - Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, Thompson Engineering Inc., on behalf of the Owner, Gulf Health Hospitals Inc., to rezone property from R- Multi-Family Residential District to B- PPIN #: 36183, 38153 Public Hearing Avenue; Parcel ID# 05-46-03-08-0-003- as a result of the City ordering the Air Installation for the Wastewater Treatment Plant (RFQ PS26-028) with a not-to for On-Call Professional Engineering Services (RFQ PS26- Supply for a not-to- High Flow SG36 Stump Grinder that is on Sourcewell (Contract #011723- not-to-exceed $ Fairhope approves the trade- $4,000.00. The total payment after trade-in will not-to- Page 2 of 178 City Council Regular Meeting July 13, 2026 Page - 3 - 21. Resolution - That the City of Fairhope approves the annual procurement of Tulip Bulbs, Paperwhites, Daffodils, Poinsettias, and other fall and winter flowers for FY2027 for the Landscaping Department to Billy Harris and Associates with an estimated cost of is allowed pursuant to Resolution No. 1650- Agreement (Contract #R10- does not have to be let out for bid. The total monthly amount not-to- Page 3 of 178 City Council Regular Meeting July 13, 2026 Page - 4 - Regular Meetings of the City Council shall be held on the 2nd and 4th Monday of each month immediately following the 4:30 p.m. Work Session unless prescheduled and announced otherwise. Next Regular City Council Meeting, Monday, July 27, 2026, 6:00 p.m. Fairhope Municipal Complex Council Chambers 161 North Section Street Page 4 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-315 FROM: Lisa Hanks, City Clerk SUBJECT: Minutes of June 29, 2026 Regular City Council Meeting and minutes of June 29, 2026 Work Session. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the minutes of June 29, 2026 Regular City Council Meeting and minutes of June 29, 2026 Work Session. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 5 of 178 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, 29 June 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, and Andrea Booth, Mayor Sherry Sullivan, and City Clerk Lisa A. Hanks. Councilmember Jay Robinson and City Attorney Marcus E. McDowell were absent. There being a quorum present, Council President Conyers called the meeting to order. The invocation was given by Reverend Jessica Walker, Deacon of Holy Spirit Episcopal Church in Gulf Shores and resident of Fairhope, and the Pledge of Allegiance was recited. Councilmember Gammon moved to approve minutes of the June 8, 2026, regular meeting; and minutes of the June 8, 2026, work session. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council reminded everyone regarding the Fourth of July Celebration with the Baldwin Pops and Fireworks on Saturday evening; and said the Museum of History would be open with displays. She said postcard celebrating our 250 Anniversary of America can be picked up. Mayor Sullivan commented about the audit and recognized City Treasurer Kim Creech and her Team for their hard work. She also recognized Grant Coordinator Nicole Love who handles almost all of our grants and making sure we are in compliance. Mayor Sullivan recognized City Clerk Lisa Hanks who has worked for the City of Fairhope for 19 years; and received the Alabama Association of Municipal Clerks and Administrators’ (“AAMCA”) 2026 Municipal Clerk of the Year award. She was nominated by the AAMCA District VIII and presented the award last Thursday night. Mayor Sullivan said Ms. Hanks was most deserving and this is the second time she has received the award. She stated, “she is our go to, the Council caretaker, and my caretaker.” Mayor Sullivan asked City Clerk Hanks to show the audience her Clerk of the Year plaque. Councilmember Booth told Ms. Hanks, on behalf of the City Council, they could not do their jobs without her and that they were proud of her. The City Council presented City Clerk Hanks with a congratulations card and flowers; and then posed for a picture. Mayor Sullivan asked Mike Hunter to come forward to sing the song that he wrote “Voice of the People” which he will also sing in Montevallo on July 4, 2026. She said Fairhope poet and songwriter Mike Turner was named the 2025 Poet of the Year by the Alabama State Poetry Society (ASPS) in recognition of his extensive contributions to Alabama’s poetry and literary community. Page 6 of 178 29 June 2026 He serves on the board of the Alabama Writers’ Cooperative, and has been instrumental in organizing and promoting poetry events throughout Baldwin and Mobile Counties. His literary achievements are substantial, with more than 450 poems published in over 100 journals and anthologies across the U.S. and internationally. His poetry collection Visions and Memories was published in 2021, and his creative accolades include the 2023 Roger Williams Peace Prize and musical honors such as Male Gospel Entertainer of the Year by both the Alabama Music Association and the North American Country Music Associations International. His contributions to both poetry and music have helped elevate the Gulf Coast’s cultural presence on a state and national level. Councilmember Burrell congratulated Mike Hunter and said this was his second time attending. Councilmember Burrell said he was looking forward to celebrating our America’s 250th Anniversary. He thanked the Mayor and everyone who helped with the abatement of the mosquitos because they were horrendous. Councilmember Gammon said congratulations again to City Clerk Hanks. He thanked Mike Hunter and said good luck on that big stage. Councilmember Gammon commented with the 250th coming up, it would be a good time to take pause and take notice; and he is honored to be part of an experiment that our founders started 250 years ago. He said we have a great Community with strong leadership and representatives who work hard for people and great people in this City. Councilmember Gammon said he is proud of our Country, what we have done, and where we are headed. He said, “Happy Fourth of July” everyone. Councilmember Booth said congratulation again to City Clerk Hanks. She commented that Ms. Hanks’ leadership skills are a trickle down effect; and other people see this in the way she does her business. Ms. Hanks goes above and beyond for everyone; she mentors other Cities and other people; and she is heavily involved. Councilmember Booth stated that Ms. Hanks is a wonderful person. She told everyone “Happy Fourth of July.” Council President Conyers stated he echoed what everyone else has said; “Ms. Hanks we are so proud of you, and this is a tremendous accomplishment. Council President Conyers commented we already knew we had the best; and now the State knows. He said you deserve this honor and we are glad for you.” As we celebrate the 250th Anniversary of Independence Day, we are really just a very small experiment. Council President Conyers said our freedom has given way to “American Exceptionalism” and our Country should be proud. He said watching the World Cup visitors the last few weeks; and they are seeing that Americans are not like what they have been hearing; and seeing friendly people from all over. He said they are mesmerized with Buc-ees, Waffle House, and Walmart. Council President Conyers said we live in a fantastic Country and in a fantastic Community with great people; and this is a special place to live. Page 7 of 178 29 June 2026 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 rezone property of Old South Properties, LLC from R-4, Low Density Multi-Family Residential District to R-1, Low Density Single-Family Residential District. The property is located at 8501 Morphy Avenue and is 2.98± acres. PPIN #14970. 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; and answered any questions if needed. Council President Conyers opened the Public Hearing at 6:20 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:20 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the July 13, 2027 City Council meeting. Council President Conyers read Agenda Item No. 6: Final Adoption of an Ordinance to approve an application from Mary Lee Matzenger for a Franchise Agreement for Teaching Tennis Lessons at the Mike Ford Tennis Center. (Introduced at the June 8, 2026 City Council Meeting). Councilmember Burrell said he has some hesitation on this with people using City facilities. He said this is a slippery slope. Councilmember Gammon said it is unfair to others not to approve. Mayor Sullivan said there is not a recommendation from the Recreation Board; and we need to revisit the Franchise Agreement. Revenue Manager Jennifer Olmstead addressed the City Council and read an e-mail from Mary Lee Matzenger. After further discussion, Councilmember Burrell moved to deny an Ordinance to approve an application from Mary Lee Matzenger for a Franchise Agreement for Teaching Tennis Lessons at the Mike Ford Tennis Center. Seconded by Councilmember Booth, motion to deny passed by the following voice votes: AYE – Burrell, Conyers, and Booth. NAY – None. ABSTAIN - Gammon. Councilmember Burrell moved for final adoption of Ordinance No. 1867, an ordinance to amend Ordinance No. 953 and Ordinance No. 1658; and Repealing and Replacing Ordinance No. 1745; and Amending Chapter 21, Article III, Water, Replacing Section 21-32 Connection Fees and Expenses, Fairhope Code of Ordinances. (Introduced at the June 8, 2026 City Council Meeting) Seconded by Councilmember Gammon, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, and Booth. NAY - None. Councilmember Burrell commented these were studied by professionals with their recommendations. Councilmember Gammon said these fees will not be in effect until August 1, 2026. Page 8 of 178 29 June 2026 Councilmember Burrell moved for final adoption of Ordinance No. 1868, an ordinance to amend Ordinance No. 953 and Ordinance No. 1657; and Repealing and Replacing Ordinance No. 1746; and Amending Chapter 21, Article IV, Sewer, Replacing Section 21-52 Connection Requirements and Connection Fees, Fairhope Code of Ordinances. (Introduced at the June 8, 2026 City Council Meeting) Seconded by Councilmember Gammon, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, and Booth. NAY - None. Councilmember Burrell introduced in writing an ordinance rescinding Resolutions No. 4950-23 and No. 4986-24, and Establish the Service Territory for New Connections to the City of Fairhope's Sanitary Sewer Wastewater System. Due to lack of a motion for immediate consideration, this ordinance will layover until the July 13, 2026 City Council meeting. Councilmember Gammon introduced in writing Ordinance No. 1866, 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, and Booth. NAY - None. Councilmember Burrell then moved for final adoption of Ordinance No. 1866. Seconded by Councilmember Gammon, motion for final adoption passed by the following voice votes: AYE – Burrell, Gammon, Conyers, and Booth. NAY – None. Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope has voted to approve the procurement of Indusco Environmental Adsorber System for the Publix State Highway 181 Lift Station from Morrow Water Technologies, Inc. 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 will not-to-exceed $33,800.00 plus shipping and handling. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. * * Page 9 of 178 29 June 2026 RESOLUTION NO. 5846-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope has voted to approve the procurement of Indusco Environmental Adsorber System for the Publix State Highway 181 Lift Station from Morrow Water Technologies, Inc. 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 will not-to-exceed $33,800.00 plus shipping and handling. DULY ADOPTED ON THIS 29TH DAY OF JUNE, 2026 _______________________________ 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 Engineering Services for (RFQ PS26-028) for the Supplemental Air Installation for the Wastewater Treatment Plan to Krebs Engineering; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5847-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS26-028) for Supplemental Air Installation for the Wastewater Treatment Plan to Krebs Engineering; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 29TH DAY OF JUNE 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 10 of 178 29 June 2026 Councilmember Gammon 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 steel structure over the R.A.S. pump station to Roof Doctors for a not-to-exceed project cost of $49,184.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5848-26 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 steel structure over the R.A.S. pump station to Roof Doctors for a not-to-exceed project cost of $49,184.00. 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 29TH DAY OF JUNE, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Gammon 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 JADE Consulting, LLC for Professional Engineering Services for the Pecan Watershed Drainage Improvements - Phase 2 (RFQ PS26-027) with a not-to-exceed amount of $77,650.00. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Page 11 of 178 29 June 2026 RESOLUTION NO. 5849-26 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 JADE Consulting, LLC for Professional Engineering Services for the Pecan Watershed Drainage Improvements – Phase 2 (RFQ PS26-027) with a not-to-exceed amount of $77,650.00. DULY ADOPTED THIS 29TH DAY OF JUNE, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves Amendment No. 3 to the Contract Agreement with Watershed for (RFQ PS24-008) Professional Architectural and Engineering Services for Nature Center Building Rehabilitation for a not-to-exceed amount of $10,850.00, increasing the original contract total to $68,240.00; and hereby authorize Mayor Sherry Sullivan to execute the contract amendment. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5850-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves Amendment No. 3 to the Contract Agreement with Watershed for (RFQ PS24-008) Professional Architectural and Engineering Services for Nature Center Building Rehabilitation for a not-to-exceed amount of $10,850.00, increasing the original contract total to $68,240.00; and hereby authorize Mayor Sherry Sullivan to execute the contract amendment. ADOPTED ON THIS 29TH DAY OF JUNE, 2026 ____________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 178 29 June 2026 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 Change Order No. 1 for (Bid No. 26-001-2023-PWI-018) Magnolia Beach Restoration and Stabilization Project for the City of Fairhope with a cost of $43,652.00; and to award Change Order No. 1 to American Asphalt, Inc. The new contract total will be $538,364.00; and that the City Council approves Amendment No. 2 to the GOMESA Grant Agreement for Grant G-CFMB/23/CF, Exhibit A shall be deleted and replaced with an Amended and Related Exhibit A, increasing the Construction Costs to $543,652.00 and the Total GOMESA Funding Not to Exceed $663,652.00 Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5851-26 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 Change Order No. 1 for (Bid No. 26-001-2023-PWI-018) Magnolia Beach Restoration and Stabilization Project for the City of Fairhope with a cost of $43,652.00; and to award Change Order No. 1 to American Asphalt, Inc. The new contract total will be $538,364.00. [2] That the City Council approves Amendment No. 2 to the GOMESA Grant Agreement for Grant G-CFMB/23/CF, Exhibit A shall be deleted and replaced with an Amended and Related Exhibit A, increasing the Construction Costs to $543,652.00 and the Total GOMESA Funding Not to Exceed $663,652.00. DULY ADOPTED ON THIS 29TH DAY OF JUNE, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 13 of 178 29 June 2026 Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by the Evaluation Team for Professional Services for (RFQ PS26-024) for the Joint Use Attachment Survey and GIS Entry for the City Electric Department to Gridco, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5852-26 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 Services for (RFQ PS26-024) for the Joint Use Attachment Survey and GIS Entry for the City Electric Department to Gridco, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 29TH DAY OF JUNE, 2026 ______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk * * * Page 14 of 178 29 June 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-032) to Persons Services Corp. for Disaster Relief Services - Tent City 2026. The cost of this contract will be determined if it is activated at the time of a disaster. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5853-26 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 to procure services for (Bid No. 26-032) Disaster Relief Services – Tent City 2026 for the Electric and Treasury Departments at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation for Disaster Relief Services – Tent City 2026 [3] After evaluating the bids with required specifications, Persons Services Corp. is now awarded (Bid No. 26-032) for Disaster Relief Services – Tent City 2026; the cost of this contract will be determined if it is activated at the time of a disaster. DULY ADOPTED THIS 29TH DAY OF JUNE, 2026 ______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 15 of 178 29 June 2026 Page 16 of 178 29 June 2026 Council President Conyers stated there was a need to add on an agenda item after Agenda Item Number 18: a resolution to award (Bid No. 26-039-2026-COM- 003) to Tindle Construction, LLC for James P. Nix Center Promenade and Improvement Project with a bid proposal not-to-exceed $170,417.30. Councilmember Booth moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Page 17 of 178 29 June 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 26-039-2026-COM-003) to Tindle Construction, LLC for James P. Nix Center Promenade and Improvement Project with a bid proposal not-to-exceed $170,417.30. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5854-26 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. 26-039- 2026-COM-003 James P. Nix Center Promenade and Improvement Project for the Community Affairs Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Bidder Base Bid Total Amount Tindle Construction, LLC $170,417.30 Fairhope Building Company, LLC $193,910.70 Gulf Construction Company, LLC $212,503.39 MD Thomas Construction, LLC $236,596.40 [3] After evaluating the bid proposals with the required bid specifications, Tindle Construction, LLC is now awarded Bid No. 26-039-2026-COM-003 James P. Nix Center Promenade and Improvement Project for the Community Affairs Department with a bid proposal not-to-exceed $170,417.30. ADOPTED ON THIS 29TH DAY OF JUNE, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 18 of 178 29 June 2026 Councilmember Burrell moved to appoint Andrew Belcher to the Board of Adjustment and Appeals to fill the vacancy of Bryan Flowers which will expire on October 21, 2026. The motion was seconded by Councilmember Booth. Councilmember Gammon said he would like to see applicants prior to appointing. Mayor Sullivan said that was not our normal procedure but would be happy to do that. Councilmember Burrell stated that a variance must be a hardship and cannot just be given. After further discussion, motion passed unanimously by voice vote. Councilmember Gammon moved to adjourn the meeting. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 6:53 p.m. James Reid Conyers, Jr., Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 19 of 178 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, 29 June 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, and Andrea Booth, Mayor Sherry Sullivan, and City Clerk Lisa A. Hanks. Councilmember Jay Robinson and City Attorney Marcus E. McDowell were absent. Council President Conyers called the meeting to order at 4:00 p.m. The following topics were discussed: • The first item on the Agenda was the FY25 Financial Audit by Lee Parks, CPA and Engagement Member, and Rick Blanton, CPA and Single Audit Engagement Member, with Warren Averett. Mr. Parks introduced his staff on the audit. He said the City once again received an “unmodified opinion” dated March 13, 2026. Mr. Parks went over the main highlights of the Audit; and answered any questions. Mr. Blanton briefly went over the Single Audit; and answered any questions. Mr. Parks thanked the City Treasurer and her team for their help. (A copy of the Financial Audit and other documents are on file in the City Clerk’s office). • The Presentation by the 2026 Baldwin County Utility Interns (3) was next on the Agenda. Personnel Director Hannah Noonan addressed the City Council and explained that one of the goals for the Interns is to give their intern experience at a City Council Meeting. She introduced Carson Good, Cameron Wagaman, and Kane Irwin. Carson Good from Daphne High School addressed the City Council and said he worked in the Water Department. Mr. Good said he worked with wells and treatment plants; and it was a great experience. He will be working with piping and fittings next. Mr. Good said it was interesting to see the City side on how we treat the water as well as the contracting side. He wants to attend college and possibly do project management. Cameron Wagaman from Spanish Fort High School addressed the City Council and said he worked in the Public Works Department’s with HVAC. Mr. Wagaman said he did a full a/c change out, both indoor and outdoor units. He said the first one was at the new Dispatch Center. Mr. Wagaman said they went to different buildings with many different calls. He said they brazed copper, put in insulation, and did wiring. Mr. Wagaman said this was a good opportunity for him. Kane Irwin from Robertsdale High School addressed the City Council and said he worked in the Gas Department. Mr. Irwin said he entered the intern program to get work experience and not stay at home during the summer. Mr. Irwin commented he saw the importance of natural gas; and how much we use it daily. Page 20 of 178 Monday, 29 June 2026 Page -2- • The next Agenda Item was the Discussion of the James P. Nix Center Promenade by City Engineer Richard Johnson and Community Affairs Director Paige Crawford. Mr. Johnson stated they want to walk on this bid award on tonight’s agenda; and said the bid opened last Thursday. Mr. Johnson and Ms. Crawford explained the issue with the promenade and answered questions. He said the overage will come from the General Fund balance. The consensus of the City Council was to walk on this item. • Councilmember Burrell stated they had an Airport Authority meeting earlier this month and it went well. • Councilmember Booth gave a Library Board update; and said the Library Director was approved to go to the National Library Convention . She announced the book sale will be July 8, 2026. • City Engineer Richard Johnson addressed the City Council regarding the Hazard Mitigation Grant for the Safe Room and said the “POP” extension expired on June 20, 2026. Mr. Johnson said they needed guidance whether to move forward without knowing for sure if we will get reimbursed. Mayor Sullivan said we are pretty confident we will get reimbursed. There are other Cities with the same exposure and are moving forward with theirs. The consensus of the City Council was to move forward. Mr. Johnson addressed Agenda Items No. 14, No. 15, and No. 16; and answered any questions if needed. • Utility Engineer Noel Berry addressed the City Council regarding Agenda Items No. 7, No. 8, No. 9, No. 11, No. 12, No. 13, No. 17, and No. 18; and answered any questions if needed. Mayor Sullivan mentioned a study was done for Agenda Items No. 7 and No. 8. • Grant Coordinator Nicole Love addressed the City Council regarding the Gulf Coast Resource Conservation and Development Grant for $25,000.00 with no match. She said they would use the grant funds for two Rain Barrell Classes/Workshops and rain barrel kits. • Building Official Erik Cortinas addressed the City Council regarding the Hazard Mitigation Plan and said the updated version has been sent to the AMEA and FEMA for their approval. • Community Affairs Director Paige Crawford addressed the City Council regarding the Fourth of July events; and said the offices will be closed on Friday, July 3, 2026. She commented that we will be celebrating America’s 250 Anniversary with the Baldwin Pops on the bluff, “Photo Ops” and free postcards at the Museum, and flags and patriotic decorations throughout Fairhope. • Planning Director Hunter Simmons addressed the City Council regarding Agenda Items No. 5, No. 10, and No. 20; and answered any questions if needed. He said Andrew Belcher would be filling Bryan Flower’s position on the Board of Adjustments and Appeals which expires October 21, 2026. Page 21 of 178 Monday, 29 June 2026 Page -3- There being no further business to come before the City Council, the meeting was duly adjourned at 5:49 p.m. ______________________________ James Reid Conyers, Jr. Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 22 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-993 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing - To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance for General Cleanup. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The General Cleanup Ordinance updates grammar, formatting, and minor inconsistencies throughout the Zoning Ordinance. These changes do not create new regulations but make the ordinance easier to read and administer. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 23 of 178 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 24 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to grammatical errors, typographical errors, inconsistent spellings, and other minor corrections that do not alter the purpose or intent of the Zoning Ordinance (No. 1253) nor result in any substantive change to the rules and regulations therein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, the following attached (redlined) corrected version of Articles I, II, III, V, VII, VIII, and IX of the Zoning Ordinance (No. 1253) (“Exhibit A”) shall replace Articles I, II, III, V, VII, VIII, and IX of the existing Zoning Ordinance (No. 1253). Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Page 25 of 178 Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 26 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-994 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Definitions. (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Definitions ordinance updates and clarifies various existing definitions and proposes to add certain new definitions related to the other Zoning Amendments being proposed, including housing types and recreation districts. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 27 of 178 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 28 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Article III known as “Zoning Districts” and Article IX known as “Definitions and Interpretation”. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, Article III, Section A: Purpose and Intent, be hereby amended to add the following: 23. REC-1 Active Recreation: This district is intended for recreational activities such as athletic fields, marinas, golf courses and similar uses, and accessory structures customarily incidental to such uses. 24. REC-2 Passive Recreation: This district is intended for recreational activities such as hiking, biking, bird watching and similar uses, and typically preserve environmentally sensitive areas. 2. THAT, Article IX, Section B.1.: Dwelling Use Category, be hereby repealed and replaced as follows: 1. Dwelling Use Category – a. Single Family Dwelling– a detached Building with only one Dwelling Unit designed for and occupied by one Family. b. Two Family Dwelling – a detached Building with only two Dwelling Units designed for and occupied by or for occupancy by two families. c. Townhouse – a Dwelling Unit attached to a series of other dwelling units by not more than 2 vertical party walls, and where each unit maintains an individual entrance from the exterior of the building and is on its own lot. d. [Reserved] Page 29 of 178 e.Patio/Garden Home – a detached Dwelling Unit located on its own lot, having only one side yard required or detached Building with only two Dwelling Units designed for and occupied by two families, with a small courtyard, patio or side yard required for each Dwelling Unit. f.Multiple-Family/Apartment – a Building or Buildings with three or more Dwelling Units designed for or occupied by three or more families with separate cooking and housekeeping facilities for each, where either the units share a common entrance from the exterior of the Building or any single Dwelling Unit has a common wall or floor with more than two other Dwelling Units. g.Manufactured Home – a structure that is governed by the federal manufactured home construction and safety standards established by the National Manufactured Homes Construction and Safety Standards Act, 42 U.S.C. Section 5403. h.Manufactured Home Development – any plot of ground upon which two or more manufactured homes, occupied for dwelling purposes, are located, regardless of whether or not a charge is made for such accommodation. i.Manufactured Home Space – a plot of ground within a manufactured home development designed for the accommodation of one manufactured home. j.Mixed Use Building– a building designed for one or more other uses in addition to one or more Dwelling Units that are not accessory to any of the other uses. k.Accessory Dwelling Unit – a Dwelling Unit that is associated with and incidental to a principal use, and is on the same lot as the principal use. 3.THAT, Article IX, Section B.2.k.: Public Utility, be hereby repealed and replaced as follows: k.Public Utility – a use of any structure, land, or infrastructure by a regulated enterprise or franchise to provide a service to all members of the general public that is deemed essential for the public health, safety, and welfare. Review by the Planning Commission, in accordance with Section 11-52-11 of the Code of Alabama, of compliance with the Fairhope Subdivision Regulations and Comprehensive Plan, may be required for all public utility facilities. 4.THAT, Article IX, Section B.3.c.: Home Occupation, be hereby repealed and replaced as follows: c.Home Occupation – an operation for gain or support conducted only by members of a Family residing on the premises limited in its use and not in a manner detrimental to the character of the surrounding neighborhood. 5.THAT, Article IX, Section B.5.v.: Wholesale Establishment, be hereby repealed and replaced as follows: v.Wholesale Establishment – business establishments that generally sell commodities in large quantities or to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, Page 30 of 178 or for use by a business service. 6.THAT, Article IX, Section C: Defined Terms, be amended to repeal and replace the following terms: Deck: An extension of a building or Dwelling Unit attached at or below floor level and having no walls or roof; railings may be provided; includes the term balcony. Family: One (1) or more persons occupying a single Dwelling Unit and using common cooking facilities, provided that, unless all members are related by blood, adoption or marriage, no such family shall contain over five (5) persons. Family (Home Occupation): For purposes of home occupations, Family is defined as only those persons related by blood, marriage or adoption and using common cooking facilities within a single Dwelling Unit. 7.THAT, Article IX, Section C: Defined Terms, be amended to add the following terms: Density, Gross: the number of Dwelling Units per acre of the total land to be developed. Gross Density is measured by dividing the total land area by the number of Dwelling Units. Density, Net: the number of Dwelling Units per acre of land when the acreage involved includes only the land devoted to residential uses. Net Density does not include public or private streets, wetlands, public rights-of-way, watercourses, floodways, stormwater ponds, or undevelopable land based on topography or physical constraints. Dwelling Unit: A room or group of rooms, providing or intended to provide living quarters for not more than one (1) Family. All rooms within the Dwelling Unit shall have internal access, and the Dwelling Unit shall have no more than one electrical meter. Floor Area Ratio (FAR): The Gross Floor Area for all Buildings on a Lot or Parcel (as determined by the applicable Gross Floor Area definition) divided by the gross area of such Lot. Gross Floor Area: The sum of the gross horizontal areas of all floors of a Building, including interior balconies and mezzanines, and any exterior open porches or galleries which serve as an extension of those activities conducted within the enclosed Structure; all horizontal dimensions shall be measured between the exterior faces of walls or columns, including the walls or railings of Porches and Decks. The gross floor area of a Building shall include the floor area of accessory Buildings on the same lot, measured the same way. Structures, Porches, and Decks intended for occupancy, whether temporary or permanent, within a Rooftop Terrace shall be included in the Gross Floor Area. Upper Story Dwelling: A Dwelling Unit intended for a single-family in Mixed Used Buildings in which no less than 75% of the first floor is occupied by Commercial Uses. Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Page 31 of 178 Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ____________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 32 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-995 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Mixed Use Buildings. (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Mixed-Use Building ordinance consolidates all regulations for Mixed-Use Buildings (which were previously peppered throughout the Zoning Ordinance) under one section in Article III to improve ease of use when developing said structures. Additionally, the ordinance introduces Floor Area Ratios (FAR), clarifies development standards and density maximums, and increases required commercial usage on the ground floor from 50% to 75%. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 33 of 178 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 34 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Article III, Section D.14 Mixed-Use Buildings. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1.THAT, Article III, Section D, be hereby amended to add the following: 14.Mixed-Use Building a.Intent: The intent of the special conditions for Mixed-Use Building(s) is to: (1)Accommodate Mixed-Use Building(s) with neighborhood-serving retail, service, civic, and other uses on the ground floor and residential above the non-residential space; and (2)To provide opportunities for vertical integration of compatible uses within the same Building footprint; and (3)To ensure the Mixed-Use Building(s) are compatible with the character of the surrounding neighborhood; and (4)Make efficient, economical, comfortable, and convenient use of land and open space; and (5)Serve the public purposes of zoning by means alternative to conventional arrangements of yards and building areas. b.Site Requirements: (1)Minimum lot area: 20,000 square feet or 9,680 sf per Dwelling Unit, whichever is greater. (2)Minimum dimensions of parcel: (i)80 feet minimum width of lot at all points between the street line and the front setback line (ii) 80 feet minimum street frontage line (3)Minimum yards and building setbacks: (i)Minimum front yard setback: 40 feet (ii)Minimum rear yard setback: 20 feet (iii)Minimum side yard setbacks 15 feet, except where lots abut residentially zoned property side yard setback shall be 20 feet Page 35 of 178 (4)Building limitations: (i)Maximum Floor Area Ratio (FAR): 60 percent (ii)Maximum impervious area: 50 percent of the total area of the lot (iii)Maximum number of stories: Two (iv) Maximum building height: 30 feet (5)Maximum allowable Gross Density: One Dwelling Unit per 9,680 square feet of land contained in the parcel c.Notwithstanding the foregoing, the following site requirements shall apply to any lot that is located within any area of the CBD Overlay where Mixed-Use Buildings are allowed: (1)Minimum lot area: 3,630 sf per Dwelling Unit. (2)Minimum dimensions of parcel: None (3)Minimum yards and building setbacks: (i)Minimum front yard setback: Mixed-Use Buildings in the CBD shall be built at the right-of-way line, unless a courtyard, plaza or other public open space is proposed. (ii)Minimum rear yard setback: Determined by Zoning District. See Table 3-2. (iii)Minimum side yard setbacks: None, except that corner lots shall have the same building line on the side street as is on the front street. (4)Building limitations: (i)Maximum Floor Area Ratio (FAR): 225 percent (ii)Maximum impervious area: None (iii)Maximum number of stories: Three (iv) Maximum building height: 40 feet to the top of all structures, appurtenances, and mechanical equipment. (5)Maximum allowable Gross Density: One Dwelling Unit per 3,630 square feet of land contained in the parcel (i)A minimum of one (1) Dwelling Unit may be permitted, regardless of the aforementioned 3,630 square foot size requirement, for all legal lots in existence prior to (ENTER EFFECTIVE DATE OF THIS ORDINANCE). Any and all new lots created after (ENTER EFFECTIVE DATE OF THIS ORDINANCE) shall conform to the Maximum allowable Gross Density. d.Use Restrictions: (1)Residential Uses: Upper Story Dwellings shall be allowed in accord with the following requirements: (i)No Upper Story Dwelling shall have a gross floor area of less than 600 feet. (2)Commercial Uses: (i)At least 75% of the ground floor of a Mixed-Use Building shall be occupied by Commercial/nonresidential uses. For the purposes of this calculation, parking garages/areas, located within a Building’s footprint, shall not make up more than 25% of the ground floor. 2.THAT, Article V, Section H.3.A(20), be hereby amended as follows: (20) Mixed-Use Buildings 3.THAT, Article V, Section H.3.E, be hereby amended to remove: (2) Mixed-use buildings shall be vertically mixed in use. Retail uses shall be placed at street level. Page 36 of 178 4.THAT, Article V, Section I.5.c, be hereby amended to remove: ii.A mixed-use building may have a height of 35’ if it contains both residential and commercial space. The residential use must make up at least 33% of the total area of the building and located on the second and/or third floor, and retail or office space must make up at least 50% of the total area of the building and be located on ground and/or second floor. Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 _____________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 37 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-996 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Multi- Family/Apartment. (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Multi-Family/Apartments ordinance establishes new standards for apartment developments, including site design and compatibility requirements. These standards are intended to guide where and how higher-density housing is developed. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 38 of 178 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 39 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Article II, Section D.13 Multi- Family/Apartments. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, Article III, Section D, be hereby amended to add the following: 13. Multi-Family/Apartment a. Intent: The intent of the special conditions for apartments is to: (1) Provide a residential format as an alternative to single-family homes; and (2) Allow apartments to be appropriately intermingled with other types of housing and give residents of apartments quality residential neighborhoods; and (3) Ensure location and design standards compatible with surrounding property; and (4) Make efficient, economical, comfortable, and convenient use of land and open space. b. Site Requirements: (1) Minimum total site area: One (1) acre (2) Minimum dimensions of parcel: (i) 200 feet minimum width of parcel at all points between the street line and the front setback line (ii) 200 feet minimum street frontage line (3) Minimum yards and building setbacks: (i) Minimum front yard setback: 50 feet (ii) Minimum rear yard setback: 40 feet (iii)Minimum side yard setbacks for buildings containing no more than one story: 20 feet (iv) Minimum side yard setbacks for buildings containing more than one story: 25 feet (4) Building Limitations (i) Maximum building area: 25% of the total area of the parcel (ii) Maximum number of stories: Two (2) (iii)Maximum building height: 30 feet Page 40 of 178 (5)Maximum allowable Gross Density: One Dwelling Unit per 9,680 square feet of land contained in the parcel. c.Parking: (1)Minimum off street parking per Dwelling Unit: Two (2) spaces. (2)Visitor and accessory parking shall be provided based on the following: (i)One to ten Dwelling Units: One-half parking space per Dwelling Unit; (ii)Eleven or more Dwelling Units: Five spaces plus one-fourth additional parking space for each Dwelling Unit over ten; d.Additional Requirements: (1)Service yards. Each Multi-Family/Apartment site shall be provided with a service yard for the storage of garbage, trash and maintenance equipment. Each such yard shall be located so as to be conveniently accessible by a street, alley or driveway to vehicles collecting such refuse and to occupants of the building served by such yard. Each such yard shall be paved with asphalt or concrete and shall be enclosed by an opaque wall or fence of permanent construction, at least six feet, but not more than eight feet, in height, and designed and constructed so as to conceal the service yard from visibility from outside such wall or fence. The entrance to the service yard shall be screened by a gate constructed of an opaque material, which gate must be at least six feet, but not more than eight feet, in height. (2)Sidewalks. Sidewalks of not less than five feet in width shall be provided between any parking area and the Buildings in which they serve, and there shall be a curb between all parking areas and any adjacent sidewalk. The sidewalks shall be paved with concrete or brick. Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 41 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-997 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: PUD (Planned Unit Development). (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Planned Unit Development (PUD) ordinance clarifies the required usage of certain zoning districts as the basis for when applicants are designing their proposed PUDs and what documentation is required in PUD applications justifying deviations from base zoning districts. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 42 of 178 For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 43 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Article V, Section A PUD- Planned Unit Development. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1.THAT, Article V, Section A.2, be hereby repealed and replaced as follows: 2.Size and Density – A Planned Unit Development (PUD) shall be a minimum of three (3) acres. The Gross Density of a PUD shall be no greater than three (3) Dwelling Units/Acre. 2.THAT, Article V, Section A.3, be hereby repealed and replaced as follows: 3.Permitted Uses – A Planned Unit Development (PUD) shall be assembled using the following base zoning districts listed below. The list of permitted uses shall be described and contained in the Master Development Plan accompanying each Planned Unit Development application. a.B-1 – Local Business District b. B-2 – General Business District c.B-3a – Tourist Resort Lodging District d. B-3b – Tourist Resort Commercial Service District e.B-4 – Business and Professional District f.R-A – Residential/Agricultural District g. R-1 – Low Density Single-Family Residential District h. R-1(a) – Low Density Single-Family Residential District i.R-1(b) – Low Density Single-Family Residential District j.R-1(c) – Low Density Single-Family Residential District k. R-2 – Medium Density Single-Family Residential District l.R-3 – High Density Single-Family Residential District 3.THAT, Article V, Section A.4.a.(2).i., be hereby amended to add the following: i.Proposed lot lines and dimensions: i. Identification of the base zoning district from Section 3 for all lots within the PUD; Page 44 of 178 ii.Deviations from dimensional requirements may be allowed when there is a clear benefit to the City and surrounding community, in order to encourage land conservation and environmental protection, and/or to allow for a more efficient use of open space, all while clearly furthering the goals of the Comprehensive Plan; iii.If any proposed lot does not meet the dimensional standards of the base zoning district associated with it, provide a description of the specific dimensional standards along with justification for the proposed deviations. Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27 DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 45 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-998 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Site Plan Review. (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Site Plan Review ordinance clarifies when projects require site plan review and establishes more detailed review procedures. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 46 of 178 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 47 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Review Procedures for Site Plan Approvals (Article II, Section C.2). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1.THAT, the title of Article II, Section C.2., be hereby amended, repealed, and replaced as follows: 2.Site Plan Application, Review, and Approval Procedures 2.THAT, Article II, Section C.2.a, be hereby repealed and replaced as follows: a.Projects Requiring Site Plan Application, Review, and Approval – Notwithstanding anything in the Code of Ordinances to the contrary, in the following circumstances a Site Plan Application must be submitted to the Director of Planning and Zoning and will be subject to the procedures and requirements provided in Section C.2.b through g, below: (1)Projects located in the CBD overlay or in a business-zoning district (other than M-1 and M-2), where such project will contain any commercial building that has either: (i) a gross floor area of 10,000 square feet or greater; or, (ii) aggregate impervious area of more than 30% of the lot (excluding the building); or (2)Projects located in any zoning district where such project will contain any Mixed-Use Building, Convalescent or Nursing Home, Automobile Service Station, Automobile Repair, Recreational Vehicle Park, Hotel, Motel, or Entertainment Venue. Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Page 48 of 178 Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ James Reid Conyers, Jr. Council PresidentATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 49 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-999 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Tables 3-1, 3-2, and 3-3. (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Tables ordinance updates permitted uses and development standards across several zoning districts. These changes align the ordinance with the other proposed amendments and clarify where certain uses may be located. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 50 of 178 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 51 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Table 3-1, Table 3-2, and Table 3- 3. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1.THAT, Article III, Section B.1., Table 3-1: Use Table, be hereby amended as follows: Remove columns “PUD”, “VRM”, “NVC”, and “CVC”; and Add columns “REC-1” and “REC-2”; and Use Category “Two-family” shall be amended to “Two-Family”; and Use Category “Multiple-family / Apartment” shall be amended to “Multiple- Family / Apartment”; and Use Category “Mixed use” shall be amended to “Mixed-Use Building”; and Zoning District R-5 shall be amended to allow Multiple-Family / Apartment Use Permitted subject to Special Conditions listed in the ordinance; and Zoning District B-1 shall be amended to remove Single-Family, Two-Family, and Townhouse Uses, and allow the Mixed-Use Building Use Permitted subject to Special Conditions listed in the ordinance; and Zoning District B-2 shall be amended to remove Single-Family, Two-Family, and Townhouse Uses, and allow the Mixed-Use Building Use Permitted subject to Special Conditions listed in the ordinance; and Zoning District B-3a shall be amended to remove the Multiple-Family / Apartment Use, and allow Mixed-Use Building Use Permitted subject to Special Conditions listed in the ordinance; and Page 52 of 178 Zoning District B-3b shall be amended to remove the Multiple-Family / Apartment Use, and allow Mixed-Use Building Use Permitted subject to Special Conditions listed in the ordinance; and Zoning District B-4 shall be amended to remove the Townhouse Use, and allow Mixed-Use Building Use Permitted subject to Special Conditions listed in the ordinance; and Zoning District HTD shall be amended to remove the Townhouse Use, and allow Multiple-Family / Apartment and Mixed-Use Building Uses Permitted subject to Special Conditions listed in the ordinance; and Zoning District REC-1 shall be amended to add Public Open Space, Common Open Space, Community Center or Club, Outdoor Recreation Facility, and Indoor Recreation Uses Permitted subject to general ordinance standards and conditions, and Public Utility and Marina Uses Permitted only on appeal and subject to special conditions; and Zoning District REC-2 shall be amended to add Public Open Space, Common Open Space, Community Center or Club, Outdoor Recreation Facility, and Indoor Recreation Uses Permitted subject to general ordinance standards and conditions, and Public Utility and Marina Uses Permitted only on appeal and subject to special conditions; and For convenience, Exhibit A includes visual representations of both a “Final” and “Redlined” version of the above-referenced amendments to Table 3-1. 2.THAT, Article III, Section C.1., Table 3-2: Dimension Table – Lots and Principle Structure be hereby amended as follows: The column title for “Dimension, District or Use”, be repealed and replaced with “Zoning District”; and Add column “Max. Impervious Area k”; and Zoning District R-1 shall be amended to add a 45% Max. Impervious Area; and Zoning District R-1a shall be amended to add a 30% Max. Impervious Area; and Zoning District R-1b shall be amended to add a 30% Max. Impervious Area; and Zoning District R-1c shall be amended to add a 30% Max. Impervious Area; and Zoning District R-2 shall be amended to add a 42% Max. Impervious Area; and Zoning District R-3 shall be amended to add a 40% Max. Impervious Area; and Zoning District R-3 PGH shall be amended to add a 37% Max. Impervious Area; and Zoning District R-3 TH shall be amended to repeal and replace Min. Lot Area / Allowed Units Per Acre (UPA) with “20,000 sf/-“, to repeal and replace Min. Lot Width with “80’”, to repeal and replace Side Setback with “20’ c”, and to add a 50% Max. Impervious Area; and Page 53 of 178 Zoning District R-4 shall be amended to remove “for two dwelling units plus 6,500 s.f. for each additional unit/ 7 UPA” from the Min. Lot Area / Allowed Units Per Acre (UPA) column, and to remove “for two dwelling units plus 5’ for each additional unit” from the Min. Lot Width column; and Zoning District R-5 shall be amended to remove “for two dwelling units plus 4,100 s.f. for each additional unit/ 10 UPA” from the Min. Lot Area / Allowed Units Per Acre (UPA) column, and to remove “for two dwelling units plus 5’ for each additional unit” from the Min. Lot Width column; and To remove superscript “l” from all columns and rows within Table 3-2: Dimension Table – Lots and Principle Structure, and For convenience, Exhibit B includes visual representations of both a “Final” and “Redlined” version of the above-referenced amendments to Table 3-2. 3.THAT, Article III, Section C.1., Table 3-2: Dimension Table – Lots and Principle Structure footnotes be hereby repealed and replaced as follows: a.Structure may exceed the building height provided the lot width is increased by 10 feet for each additional foot in height. b.Where a driveway is in the side, and extends past the front of the principal structure, the side setback shall be 15 feet. Driveways shall not be within three (3) feet of the side lot line. The area between the side lot line and driveway shall be vegetated and remain pervious. c.A minimum side yard, as required by Article III, Section D.2 may be located within the 20-foot side setback. d.Where a lot abuts residential property on both sides, the front setback shall be in line with adjacent structures. e.Where a lot abuts residential property, the side setback shall be 10 feet. f.Where a lot abuts residential property to the rear, the rear setback shall be 20 feet g.In the case of existing adjacent establishments, the setback shall be the average within 100 feet on either side of the proposed structure. h.Where a side or rear lot abuts residential districts, the setbacks shall be determined on an individual basis. i.R-6 Districts may be larger than five (5) acres provided they meet all the special design requirements of Article V., Section D.5. j. Central Business District 40 feet. k.For purposes of this article, the term "impervious area" means the developed area of the lot, including house and accessory structures, as well as surfaces that do not allow the free passage of water through the material into the ground. The term "impervious area" shall include, without limitation, sidewalks, driveways, parking areas, decks, and patios, unless such surfaces are constructed of materials that allow passage of water into the ground at a rate equal to the pre-developed condition. For convenience, Exhibit B includes visual representations of both a “Final” and “Redlined” version of the above-referenced amendments to Table 3-2. 4.THAT, Article III, Section C.2., Table 3-3: Dimension Table – Residential Accessory Structures be hereby amended as follows: The column title for “District or Use”, be repealed and replaced with “Zoning District”, and Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Page 54 of 178 Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 55 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1000 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Townhouses. (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Townhouses ordinance updates townhouse development standards, including lot size, setbacks, parking access, and design requirements. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 56 of 178 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 57 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to Article III, Section D.2 Townhouses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1.THAT, Article III, Section D.2.b(2), be hereby repealed and replaced as follows: (2) Each Townhouse shall have a minimum lot area of 3,600 square feet for each Dwelling Unit; a front setback of twenty (20) feet; and a rear setback of thirty-five (35) feet. End Units shall have a minimum side yard of ten (10) feet. 2.THAT, Article III, Section D.2.b(3), be hereby repealed and replaced as follows: (3) Each Townhouse shall have on its own lot one rear yard containing not less than 400 square feet, reasonably secluded from view from rights-of-way or from neighboring property. See Figure 3-2. 3.THAT, Article III, Section D.2.b(4), be hereby repealed and replaced as follows: (4) All vehicle access to Townhouse units shall be rear-loaded by alleys or an internal drive aisle accessing the parking area or garages from the rear of the unit. Insofar as practicable, exterior off-street parking facilities shall be grouped in bays at the interior of blocks. No off-street parking space shall be more than 100 feet by the most direct pedestrian route from a door of the Dwelling Unit it is intended to serve. 4.THAT, Article III, Section D.2.b, shall be amended to add Section (6) as follows: (6) The Net Density of any townhouse development shall be no greater than seven (7) Dwelling Units/Acre. Page 58 of 178 Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 59 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1001 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – To Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for amendments to the City of Fairhope’s Zoning Ordinance: Village Districts. (ZC 25.07) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts the proposed Ordinance. BACKGROUND INFORMATION: The Ordinance originally advertised in October 2025 and readvertised in February 2026 contained several amendments and was a lengthy document. Those same topics, with proposed revisions, are now being presented as nine (9) separate Ordinances, to provide greater clarity and convenience. The Village District ordinance removes the Village District regulations from the Zoning Ordinance as they have not been utilized in the ~20 years since their adoption. Future zoning and development proposals would instead be reviewed under other applicable zoning districts and standards. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 60 of 178 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 61 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The Ordinance known as the Zoning Ordinance (No. 1253), adopted June 27, 2005, as previously amended, is further changed and altered as described below: WHEREAS, the City Council and the Planning Commission of the City of Fairhope, Alabama, directed the Planning Department to prepare certain amendments to the Zoning Ordinance (No. 1253) based upon the 2024 Comprehensive Plan, sustainability of public infrastructure and City services, and the health, safety, and general welfare of the community; and, WHEREAS, the proposed amendments relate to various sections of the Zoning Ordinance (No. 1253); and, WHEREAS, after the appropriate public notice and hearing of Case ZC 25.07 on September 4, 2025, the Planning Commission forwarded a favorable recommendation; and, WHEREAS, after advertisement, multiple public meetings and hearings of Case ZC 25.07 at City Council, the City Council made the following revisions and amendments to the Zoning Ordinance (No. 1253) pertaining to the Village Districts. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: 1.THAT, all the contents and verbiage in Article VI are hereby repealed and removed; 2.THAT, Article VI shall be reserved for future amendments to the Zoning Ordinance (No. 1253); 3.THAT, in the Table of Contents of the Zoning Ordinance (No. 1253) the following shall be removed from Article VI: Village Districts A. VRM – Village Residential Mix B.NVC – Neighborhood Village Center C. CVC – Community Village Center D.Village Zoning Special Review Procedures Page 62 of 178 4.THAT, Article I, Section C.1 shall be amended to remove the following: VRM – Village Residential Mix NVC – Neighborhood Village Center CVC – Community Village Center 5.THAT, Article II, Section C, Table 2:1 be amended to remove the following: *See Article VI, Section D. for special expedited review procedures for the Village Zoning Districts. 6.THAT, Article II, Section C.2.a.3 shall be removed in its entirety; 7.THAT, Article III within the Table of Contents the following shall be removed: 22.VRM – Village Residential Mix 23.NVC – Neighborhood Village Center 24.CVC – Community Village Center 8.THAT, Article III, Section A, the following shall be removed: 22.VRM Village Residential Mix: This district is intended to create walkable neighborhoods that place a variety of residential types within close proximity to open space and village centers that meet the majority of needs for daily living. This district is developed to more directly implement the neighborhood component of the Comprehensive Plan. See Article VI, Section A for more detailed standards regarding this district. 23.NVC Neighborhood Village Center: This district is intended to create walkable commercial areas to support adjacent neighborhoods. This district is developed to more directly implement the Neighborhood Village Center component of the Comprehensive Plan. See Article VI, Section B. for more detailed standards regarding this district. 24.CVC Community Village Center: This district is intended to create a community center that serves a broad range of neighborhoods that may be automobile-oriented but still creates a walkable commercial center accessible by a variety of modes of transportation. This district is created to more directly implement the Community Village Center component of the Comprehensive Plan. See Article VI, Section C. for more detailed standards regarding this district. Page 63 of 178 9.THAT, Article III, Section B, Table 3-1 be amended to remove the following columns under “Uses Categories/Specific Uses”: VRM NVC CVC 10.THAT, Article III, Section C.1 Table 3-2 be amended to remove the following rows under “Dimension District or use”: VRM NVC CVC 11.THAT, Article III, Section D.4.b.1 shall be removed in its entirety. 12.THAT, Article III, Section D, Figure 3-4 shall be removed in its entirety. 13.THAT, Article III, Section D.4.d shall be removed in its entirety. 14.THAT, Article III, Section D, Figure 3-5 shall be removed in its entirety. 15.THAT, Article III, Section D, Figure 3-6 shall be removed in its entirety. 16.THAT, Article III, Section D.9.a shall be amended to remove the following (last sentence of clause): These standards apply to all districts except for the Village Districts in Article VI. Severability Clause – If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This Ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 Page 64 of 178 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27th DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 65 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1010 FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, Thompson Engineering Inc., on behalf of the Owner, Gulf Health Hospitals Inc., to rezone property from R-4, Low Density Multi-Family Residential District to B-2, General Business District for Thomas Hospital. The properties are located at 751 and 757 Northrop Avenue and a total of 0.35± acres. PPIN #: 36183, 38153 (ZC 26.05) AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the City Council adopts Ordinance. BACKGROUND INFORMATION: The subject site has had numerous Subdivision requests and Site Plan Reviews approved dating back to as early as 1955. Most recently at its June 2024 meeting the Planning Commission recommended approval to the City Council of a request for Site Plan Review to allow a 25-bed addition of Thomas Hospital which the City Council subsequently approved later that same month. The applicant is in the process of combining the two (2) subject properties into the main Thomas Hospital site via Administrative Replat and in doing so will create a split-zoned parcel upon recording of the replat. As such, the applicant has submitted this application to rezone the properties to match the existing zoning district for the Hospital site. If approved, the Admin Replat will be revised to reflect the new zoning district, and once recorded, the entire site will be a single legal lot of record under one uniform zoning district. The two lots being re-zoned contained backup generators and provide the required screening next to existing residential property. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) Page 66 of 178 GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 67 of 178 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Gulf Health Hospitals, (containing 0.35 acres, more or less) and generally located at 751 Northrop Avenue and 757 Northrop Ave. PPINS # 36183, 38153 Legal Description: (Case number ZC 26.05) Lot 1 as recorded on the Gooden’s Subdivision Plat recorded on Slide 0256-A. BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, GOODEN’S SUBDIVISION AS RECORDED IN MAP BOOK 4, PAGE 159 IN THE OFFICE OF THE JUDGE OF PROBATE BALDWIN COUNTY, ALABAMA; THENCE RUN N-00_11’57”-E, 96.28 FEET TO A POINT; THENCE RUN N-89_40’19”-E, 75.03 FEET TO A POINT; THENCE RUN S-00_10’12”-W, 96.69 FEET TO A POINT; THENCE RUN S-89_59’16”-W, 75.25 FEET TO THE POINT OF BEGINNING. Lot 101 as recorded on the Azalea Woods Subdivision recorded on Slide 0650-A BEGINNING AT THE SOUTHWEST CORNER OF LOT 101, AZALEA WOODS SUBDIVISION AS RECORDED IN MAP BOOK 7, PAGE 116 IN THE OFFICE OF THE JUDGE OF PROBATE BALDWIN COUNTY, ALABAMA; THENCE RUN N-00_04’12”-E, 97.38 FEET TO A POINT; THENCE RUN N-89_40’19”-E, 87.06 FEET TO A POINT; THENCE RUN S-00_10’07”-W, 97.86 FEET TO A POINT; THENCE RUN S-89_59’16”-W, 86.89 FEET TO THE POINT OF BEGINNING. A map of the property to be rezoned is attached as Exhibit A. The property is hereby rezoned from R-4, Low Density Multi-Family Residential District to B-2, General Business District. These properties shall hereafter be lawful to construct on such Page 68 of 178 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. Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 27TH DAY OF JULY, 2026 ______________________________ Sherry Sullivan, Mayor Page 69 of 178 Planning Commission (9Ayes)(0 Nays) voted to recommend approval of ZC 26.05 Page 70 of 178 ZC 26.05 – Thomas Hospital July 13, 2026 Page 1 of 7 SUMMARY OF REQUEST Public hearing to consider the request of the Applicant, Thompson Engineering Inc., on behalf of the Owner, Gulf Health Hospitals, Inc., to rezone property from R -4, Low Density Multi-Family Residential District to B-2, General Business District. The property is located at 751 and 757 Northrop Avenue and a total of 0.35± acres. SITE HISTORY The subject site has had numerous Subdivision requests and Site Plan Reviews approved dating back to as early as 1955. Most recently at its June 2024 meeting the Planning Commission recommended approval to the City Council of a request for Site Plan Review to allow a 25-bed addition of Thomas Hospital which the City Council subsequently approved later that same month. An Administrative Replat is pending before Planning Staff which proposes combining the two subject sites along Northrop Avenue with the larger Thomas Hospital site. STAFF COMMENTS The current application is a zoning change request rezoning two (2) properties from R-4, Low Density Multi- Family Residential District to B-2, General Business District in order to resolve a split-zoning issue that will result from an Administrative Replat currently pending before Staff. The subject properties consist of two (2) existing legal lots, Lot 1 Gooden’s Subdivision and Lot 101 Azalea Woods Subdivision. Both properties are located on the North side of Northrop Avenue and abut directly to the south of the existing Thomas Hospital site. Both sites are currently zoned R-4, Low Density Multi-Family Residential District and are located within the Medical Overlay District. The Hospital site is currently zoned B- 2, General Business District. The applicant is in the process of combining the two (2) subject properties into the main Thomas Hospital site via Administrative Replat and in doing so will create a split-zoned parcel upon recording of the replat. As such, the applicant has submitted this application to rezone the properties to match the existing zoning district for the Hospital site. If approved, the Admin Replat will be revised to reflect the new zoning district, and once recorded, the entire site will be a single legal lot of record under one uniform zoning district. Article III of the City of Fairhope Zoning Ordinance defines B-2 Districts and addresses lot dimension and allowed Uses as follows: “B-2, General Business District: This district is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light production and processing activities are included.” As previously mentioned, the subject properties are located within the Medical Overlay District, and as such, are subject to full compliance with Article V Section H of the City of Fairhope Zoning Ordinance. The Medical Overlay District requires that the area and dimensional requirements and development standards of B-4, Business and Professional District be applied to all lots within the overlay regardless of a lots underlying zoning Page 71 of 178 ZC 26.05 – Thomas Hospital July 13, 2026 Page 2 of 7 district. As such, staff is not concerned with the proposed zoning change as the site is currently already required to comply with these standards. Similarly, Staff is not concerned with the proposed use of the properties as use restrictions for the subject sites are already dictated by the Medical Overlay District, and as such should not change based on this application. A complete list of permitted uses within the Overlay District is attached to this staff report as an exhibit. The applicant has an active Generator Permit (GEN25-000080) to construct a new electrical generator on one of the subject properties (757 Northrop Avenue), an allowed use within the Medical Overlay District. It should be noted, however, that Article IV.B.2.b of the Zoning Ordinance requires compliant buffer screening between the subject site’s commercial use and the neighboring residential uses. Said screening shall consist of a wooden privacy fence not less than six (6) feet in height AND a 20-foot wide landscaped buffer containing at least one (1) overstory tree and five (5) shrubs for every 25 linear feet of required buffer, to be reviewed and approved by the City Horticulturist. A Preliminary Tree and Landscape plan was submitted to staff illustrating the proposed buffer screening. If this application is approved, the final tree and landscape plan along with a fence plan and detail, must be submitted to the existing Generator Permit for a formal review by staff. Compliant buffer screening must be implemented on-site prior to final inspection by Planning and Horticulture staff and issuance of a certificate of occupancy from Building staff. Lastly, it is important to note that the applicant will be required to complete the Administrative Replat process with Planning Staff. Once approved the Final Plat must be recorded in Baldwin County Probate Court and a digital copy of the recorded plat provided to Staff. Citizen Comments At the time this report was drafted no formal citizen comments about the subject sites have been received, though there have been several phone calls from property owners on Northrop Avenue that were concerned about this application altering the zoning district of their properties. As such, it is worth noting that the current application, if approved, will only affect the zoning district of the two subject properties. All other properties along Northrop Avenue will remain zoned R-4. Staff received an email from Mr. and Mrs. Curry who own property located at 763 Northrop Avenue. In their letter they requested that their property also be rezoned. Staff explained the process of making such a request and informed the Curry’s that the current application would not affect the zoning designation of their property. All citizen comments may be viewed in full online attached with this report. Page 72 of 178 ZC 26.05 – Thomas Hospital July 13, 2026 Page 3 of 7 REZONING CONSIDERATIONS Standards of Review: The Zoning Ordinance and its associated zoning map are derived from long-range comprehensive planning studies intended to promote orderly, desirable development. Casual or unsupported amendments to the Zoning Ordinance can undermine this purpose. Therefore, rezoning requests are evaluated according to the following criteria: 1. Compliance with the Comprehensive Plan; 2. Compliance with the standards, goals, and intent of this ordinance; 3. The character of the surrounding property, including any pending development activity; 4. Adequacy of public infrastructure to support the proposed development; 5. Impacts on natural resources, including existing conditions and ongoing post-development conditions; 6. Compliance with other laws and regulations of the City; 7. Compliance with other applicable laws and regulations of other jurisdictions; 8. Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and 9. Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Recommendation: Staff recommends APPROVAL of ZC 26.05 – Thomas Hospital, request to rezone property from R-4, Low Density Multi-Family Residential District to B-2, General Business District. Page 73 of 178 EXHIBITS ZC 26.05 – Thomas Hospital July 13, 2026 Page 4 of 7 Preliminary Plat Page 74 of 178 EXHIBITS ZC 26.05 – Thomas Hospital July 13, 2026 Page 5 of 7 Approved Generator Site Tree and Landscape Plan Page 75 of 178 EXHIBITS ZC 26.05 – Thomas Hospital July 13, 2026 Page 6 of 7 Excerpts 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-4 10,500 s.f. for two dwelling units plus 6,500 s.f. for each additional unit/ 7 UPA 75’ for two dwelling units plus 5’ for each additional unit 30’ 35’ 10’ b 20’ 30% 30’ B-2 None/- None 20’ d 20’ none e 30’ l B-4 None/ - none 20’ 20’ 10’ 30’ l d. Where a lot abuts residential property on both sides, the front setback shall be in line with adjacent structures. e. Where a lot abuts residential property, the side setback shall be 10’. l. A building located in any commercial zone may have a height of 35’ if it contains both residential and commercial space. The residential use must make up at least 33% of the total area of the building and be located on the second and/or third floor and retail or office space must be located on ground and/or second floor. (See Site Plan Review Article II, Section C, Sub-section 2 – Site Plan, for approval procedures). Page 76 of 178 EXHIBITS ZC 26.05 – Thomas Hospital July 13, 2026 Page 7 of 7 Excerpt from Article V.H. Medical Overlay District Permitted Uses: The following uses and structures are permitted in this district 1. Medical offices 2. Hospitals and nursing homes 3. Medical and dental clinics 4. Laboratories for medical and dental uses 5. Funeral homes 6. Animal hospitals, provided the boarding of animals occurs in completely enclosed buildings 7. Child and adult day care facilities and group home facilities 8. Adult congregate living facilities 9. Helistop in conjunction with hospitals 10. Emergency services 11. Parking structures 12. Colleges and universities 13. Vocational, trade or business schools with all associated uses including dormitory facilities related to the medical field 14. Essential services 15. Hospital related out-patient services (Ambulatory Surgery and Diagnostic Clinics) 16. Independent Living Facilities 17. Bed and Breakfast Facilities to accommodate families of patients 18. Retail business which sell, lease and repair prosthetic or ambulatory devices used for patient rehabilitation, mobility or installation/modification of handicap unique support aids 19. Places of Worship 20. Mixed use with residential – The residential use shall make up at least 33% of the total area of the building and be located on the upper floors only. Permitted Accessory Uses and Structures: 1. Uses and structures which are customarily incidental and subordinate to permitted uses 2. Such other uses as determined by the Zoning Official or his/her designee to be: a. Appropriate by reasonable implication and intent of the district b. Similar to another use either explicitly permitted in that district or allowed by special exception. Uses Permitted Subject to Appeal and with Conditions: 1. Commercial communication towers 2. Detoxification centers and substance abuse centers associated primarily with the primary medical facility 3. Retail, restaurant, personal services, branch banks, offices, conference facilities, clinics and similar workplace support uses when within any individual structure, gross floor area shall be limited to 10 percent of the total gross floor area 4. Crematorium Prohibited Uses and Structures 1. Any use or structure not specially, provisionally or by reasonable implication permitted herein. 2. Automotive repair garages, pool halls and game rooms 3. Gasoline or diesel filling stations shall not be located within 100 feet from in-patient care or treatment facilities Page 77 of 178 Page 78 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1009 FROM: Erik Cortinas, Building Official Lisa Hanks, City Clerk SUBJECT: Public Hearing – A Resolution Ascertaining, Fixing, and Determining the amount of the assessment to be charged as a Lien on the Property known as 7 Woods Avenue; Parcel ID# 05-46-03-08- 0-003-058.000, in the City of Fairhope, Alabama, as a result of the City ordering the Demolition of the Building on the Property pursuant to Ordinance No. 1447. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: That the Council hereby Ascertains, Fixes, and Determines the amount of the assessment to be charged as a Lien on the Property known as 7 Woods Avenue; Parcel ID# 05-46-03-08-0-003-058.000, in the City of Fairhope, Alabama, as a result of the City ordering the Demolition of the Building on the Property pursuant to Ordinance No. 1447. BACKGROUND INFORMATION: WHEREAS, the City has completed demolition of said building at the City’s expense; and WHEREAS, the appropriate municipal official has made a report to the Council of said costs, including the cost of complying with Ordinance No. 1447, the sum of which was $8,220.24; and WHEREAS, the City Clerk set the report of costs for a public hearing at a meeting of the Council on Monday, July 13, 2026, at 6:00 p.m. and gave no less than ten (10) days notice of the public hearing by certified mail to all persons or entities listed in Section 7- 91 (b)(1) of Ordinance No. 1447; and WHEREAS, said public hearing was held by the Council; and WHEREAS, it is now the desire of the Council to fix the costs which it finds were reasonably incurred in connection with the demolition and assess the costs against the previously described land upon which said building was located at 7 Woods Avenue, Fairhope, Alabama 36532. Page 79 of 178 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 80 of 178 Page 1 of 4 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2026 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. This document is a copyrighted work owned by Hand Arendall Harrison Sale LLC. Without advance written permission from the copyright owner, no part of this document may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical mean s (by way of example, and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Benjamin S. Goldman at Hand Arendall Harrison Sale LLC, 1801 Fifth Avenue North, Ste. 400, Birmingham, AL 35203, or by phone at (205) 502-0142. RESOLUTION NO. _____ A RESOLUTION ASCERTAINING, FIXING AND DETERMINING THE AMOUNT OF ASSESSMENT TO BE CHARGED AS A LIEN ON THE PROPERTY KNOWN AS 7 WOODS AVENUE; PARCEL ID# 05-46-03-08-0-003- 058.000, IN THE CITY OF FAIRHOPE, ALABAMA, AS A RESULT OF THE CITY ORDERING THE DEMOLITION OF THE BUILDING ON THE PROPERTY PURSUANT TO ORDINANCE NO. 1447 WHEREAS, heretofore the City Council of Fairhope, Alabama, after due and lawful notice was given and a public hearing held in accordance with Ordinance No. 1447, declared that a building located within the City was unsafe to the extent that it was a public nuisance and ordered the demolition of said building located on the following described property, to wit: STREET ADDRESS: 7 Woods Avenue, Fairhope, Alabama 36532 LEGAL DESCRIPTION: Parcel A: From the Northeast corner of Baron de Feriet Grant Section 37m Township 6 South, Range 2 East, run North 129.5 feet and East 10 feet to the Northwest corner of Norriss Smith lot for a Point of Beginning: thence run East 300 feet; thence run North 72 feet; thence run West 300 feet; thence run South 72 feet to the beginning. Lying in Wm. Patterson Grant; Section 8, Township 6 South, Range 2 East and containing 0.495 acres, in Baldwin County, Alabama. Parcel B: From the Northeast corner of the Barron de Feriet Grant, known as Section 37, Township 6 South, Range 2 East, according to an Act of Congress approved June 1st, 1858, of the relief of Laurent Millaudon; run North 20 feet for a point of beginning; thence East 300 feet; thence North 104.3 feet; thence West 300 feet; thence Soth 104.3 feet to the point of beginning, Lot contains 71/100th of an acre and lies in the William Patterson Grant, Section 8, Township 6 South, Range 2 East. Page 81 of 178 Page 2 of 4 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2026 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. Also Described As: 199.7' X 200' IRR LOT 2 REPLAT OF THE SMITH ESTATE SLIDE 248 0-D SLIDE 2480-D GR SEC 37-T6S-R2E (WD) PARCEL IDENTIFICATION NUMBER: 05-46-03-08-0-003-058.000 INTERESTED PARTIES Terry Wayne Smith; Arthur Richard Smith; Carol Ann Shoots; State of Alabama Department of Revenue; Hannah Smith; Sherri Patrice Smith; Richard R. Smith; Fairhope Water and Sewer Department; Fairhope Volunteer Fire Department WHEREAS, the City has completed demolition of said building at the City’s expense; and WHEREAS, the appropriate municipal official has made a report to the Council of said costs, including the cost of complying with Ordinance No. 1447, the sum of which was $8,220.24; and WHEREAS, the City Clerk set the report of costs for a public hearing at a meeting of the Council on Monday, July 13, 2026, at 6:00 p.m. and gave no less than ten (10) days notice of the public hearing by certified mail to all persons or entities listed in Section 7-91 (b)(1) of Ordinance No. 1447; and WHEREAS, said public hearing was held by the Council; and WHEREAS, it is now the desire of the Council to fix the costs which it finds were reasonably incurred in connection with the demolition and assess the costs against the previously described land upon which said building was located. NOW, THEREFORE, BE IT RESOLVED by the Council of City of Fairhope, Alabama while in regular session on Monday, July 13, 2026, at 6:00 p.m. as follows: Section 1. That the Council hereby assesses the sum of $8,220.24 to be the costs reasonably incurred by the City in connection with the demolition of the building located on the following described property, to wit: STREET ADDRESS: 7 Woods Avenue, Fairhope, Alabama 36532 Page 82 of 178 Page 3 of 4 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2026 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. LEGAL DESCRIPTION: Parcel A: From the Northeast corner of Baron de Feriet Grant Section 37m Township 6 South, Range 2 East, run North 129.5 feet and East 10 feet to the Northwest corner of Norriss Smith lot for a Point of Beginning: thence run East 300 feet; thence run North 72 feet; thence run West 300 feet; thence run South 72 feet to the beginning. Lying in Wm. Patterson Grant; Section 8, Township 6 South, Range 2 East and containing 0.495 acres, in Baldwin County, Alabama. Parcel B: From the Northeast corner of the Barron de Feriet Grant, known as Section 37, Township 6 South, Range 2 East, according to an Act of Congress approved June 1st, 1858, of the relief of Laurent Millaudon; run North 20 feet for a point of beginning; thence East 300 feet; thence North 104.3 feet; thence West 300 feet; thence Soth 104.3 feet to the point of beginning, Lot contains 71/100th of an acre and lies in the William Patterson Grant, Section 8, Township 6 South, Range 2 East. Also Described As: 199.7' X 200' IRR LOT 2 REPLAT OF THE SMITH ESTATE SLIDE 248 0-D SLIDE 2480-D GR SEC 37-T6S-R2E (WD) PARCEL IDENTIFICATION NUMBER: 05-46-03-08-0-003-058.000 INTERESTED PARTIES Terry Wayne Smith; Arthur Richard Smith; Carol Ann Shoots; State of Alabama Department of Revenue; Hannah Smith; Sherri Patrice Smith; Richard R. Smith; Fairhope Water and Sewer Department; Fairhope Volunteer Fire Department Page 83 of 178 Page 4 of 4 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2026 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. Section 2. That the City Clerk be authorized and directed to file a certified copy of this resolution in the offices of the Judge of Probate of Baldwin County, Alabama, and Baldwin County Revenue Commissioner. That the City Clerk be authorized and directed to issue an assessment in the amount of $8,220.24 to the interested persons above as provided by law and that, in the event of a failure to pay the assessment when due, the City Attorney is hereby authorized to take any and all actions necessary to prosecute the lien as permitted by law, including, but not limited to, foreclosure to satisfy the lien. ADOPTED this the 13th day of July 2026. ______________________________ James Reid Conyers, Jr. Council President ATTEST: ________________________________ Lisa A. Hanks, MMC, City Clerk Fairhope, Alabama CERTIFICATION OF CLERK STATE OF ALABAMA ) BALDWIN COUNTY ) I, Lisa A. Hanks, City Clerk of Fairhope, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of Fairhope, Alabama, on the 13th day of July 2026. Witness my hand and seal of office this 14th day of July 2026. ____________________________________ Lisa A. Hanks, MMC, City Clerk Fairhope, Alabama Page 84 of 178 NOTICE REGARDING A PUBLIC HEARING ASCERTAINING, FIXING AND DETERMINING THE AMOUNT OF ASSESSMENT TO BE CHARGED AS A LIEN ON PROPERTY IN THE CITY OF FAIRHOPE, ALABAMA AS A RESULT OF THE CITY ORDERING THE DEMOLITION OF THE BUILDING ON THE PROPERTY PURSUANT TO ORDINANCE NO. 1447 WHEREAS, heretofore the City Council of the City of Fairhope, Alabama declared that a building located within the City was unsafe to the extent that it was a public nuisance and ordered the demolition of said building located on the following described property, to wit: STREET ADDRESS: 7 Woods Avenue , Fairhope , Alabama 36532 LEGAL DESCRIPTION: Parcel A : From the Northeast comer of Baron de Feriet Grant Section 37m Township 6 South , Range 2 East, run North 129.5 feet and East 10 feet to the Northwest comer of Norriss Smith lot for a Point of Beginning: thence run East 300 feet ; thence run North 72 feet; thence run West 300 feet ; thence run South 72 feet to the beginning. Lying in Wm . Patterson Grant; Section 8, Township 6 South, Range 2 East and containing 0.495 acres , in Baldwin County , Alabama. Parcel B : From the Northeast comer of the Barron de Feriet Grant, known as Section 37, Township 6 South , Range 2 East, according to an Act of Congress approved June 1st, 185 8, of the relief of Laurent Millaudon; run North 20 feet for a point of beginning; thence East 3 00 feet ; thence North 104 .3 feet ; thence West 3 00 feet; thence Soth 104 .3 feet to the point of beginning, Lot contains 71/100 th of an acre and lies in the William Patterson Grant, Section 8, Township 6 South , Range 2 East. Also Described As : 199 .7' X 200' IRR LOT 2 REPLAT OF THE SMITH ESTATE SLIDE 248 0-D SLIDE 2480-D GR SEC 37-T6S-R2E (WD) PARCEL IDENTIFICATION NUMBER: 05-46-03-08-0-003-058 .000 ATTORNEY WORK PRODUCT/ ATTORNE Y-CLIENT PRIVILEGED COPYRIGHT © 2026 by HAND ARENDALL HARRISON SALE LLC . ALL RI GHTS RESERVED. Thi s document is a co pyrighted work owned by Hand Arendall Harrison Sale LLC. Without advance wri tten permission from the co pyri ght owner, no part of this document may be reproduced, di stributed or transmitted in any form or by any means, including, without limitation, electron ic, o pti cal o r mechani cal means (by way of examp le, and not limitation, photo copy in g, or re co rdin g by o r in an in fo rmati on storage retrieval system). Fo r information on permiss ion to copy material exceedin g fair use, pl ease contact: Benjamin S . Goldman at Hand Arendall Harrison Sale LLC, 1801 Fifth Aven ue North , Ste . 400 , Birmingham, AL 35203 , or by phone at (205) 502-0 142 . Page 85 of 178 WHEREAS , the City has completed demolition of sai d buildin g at the City's expense, and the appropriate municipal official has made a report to the Council of said costs. THEREFORE, you are hereby notified that the Clerk of the City has set the report of costs for a public hearing at a meeting of the Council on Monday, July 13, 2026, at 6:00 p .m . whereupon the Council will consider the report of costs attached hereto as Exhibit A and the proposed Resolution attached hereto as Exhibit B. Witness my hand and seal of office this 23rd day of June 2026. «~ ~ anks, MMC, City Clerk Fairhope , Alabama ATTORNEY WORK PRODUCT/ ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2026 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED . Thi s document is a copyrigh ted work owned by Hand Arendall Harrison Sale LLC . Without advance written permission from the copyrigh t owner, no part of thi s document may be reproduced, di strib uted or transmitted in any fo rm or by any means , including, without limitat ion, electroni c, optical or mechanical means (by way of example, and not limitation, photocopying, o r recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use , pl ease co ntact: Benjamin S . Goldman at Hand Arendal l Harrison Sale LLC, 1801 Fifth Avenue North , Ste. 400, Birmingham, AL 35203 , or by phone at (205) 502-0142 . Page 86 of 178 7 Woods Avenue Exhibit A Title Search Cost $0.00 Address Locator Search Cost $0.00 Lis Pendens Recording Cost $58.00 Lis Pendens Certified Mailings Cost $162.24 Publication Fee $0.00 Notice of Demolition Recording Cost Notice of Demolition Certified Mailing Cost Cost of Asbestos Testing Costs of Demolition $7,500.00 Less Sale of Salvaged Materials Final Assessment Recording Cost Final Assessment Notice Mailings Cost Administrative Fee $500.00 * Total $8,220.24 * A municipality can alternatively assess reasonable attorneys' fees and clerical costs. Ala. Atty. Gen. Op. 2012-032. ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2024 by HAND ARENDALL HARRISON SALE LLC.  ALL RIGHTS RESERVED.  This document is a copyrighted work owned by Hand Arendall Harrison Sale LLC.  Without advance written permission from the copyright owner, no part of this document may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying, or recording by or in an information storage retrieval system).  For information on permission to copy material exceeding fair use, please contact: Benjamin S. Goldman at Hand Arendall Harrison Sale LLC, 1801 Fifth Avenue North, Ste. 400, Birmingham, AL 35203, or by Page 87 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1017 FROM: Noel Berry, Utilities Engineer Daryl Morefield, Water Superintendent SUBJECT: Establishing the Service Territory for New Connections to the City of Fairhope's Sanitary Sewer Wastewater System with Addition. AGENDA DATE: 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 88 of 178 ORDINANCE NO. _____ AN ORDINANCE RESCINDING RESOLUTION S NO. 4950-23 AND 4986-24, AND ESTABLISHING THE SERVICE TERRITORY FOR NEW CONNECTIONS TO THE CITY OF FAIRHOPE’S SANITARY SEWER WASTEWATER SYSTEM WHEREAS, in recent years the explosive growth of the City of Fairhope and surrounding community has put a heavy demand on the infrastructure and resources of the City to meet the sanitary sewer wastewater needs of residents and businesses; and WHEREAS, this demand on the City’s resources has led to increased costs in the collection and treatment of wastewater and has made it increasingly difficult for the City to meet the needs of Fairhope’s existing customers while continuing with the City’s prior policy of serving sewer customers outside of Fairhope’s corporate limits; and WHEREAS, the growth and demand for sewer service outside of the corporate limits of the City must be managed and limited to ensure the feasibility and sustainability of Fairhope’s service to its customers, and the costs of long term operations, maintenance, and expansion of Fairhope’s sanitary sewer wastewater system is substantial; and WHEREAS, the Governing Body of the City of Fairhope finds and declares its primary purpose to be the provision of adequate and safe sewer service to existing customers and new customers within a defined territory surrounding the City of Fairhope based upon the existing infrastructure and treatment capacity of Fairhope’s sanitary sewer wastewater system ; and WHEREAS, the Governing Body of the City of Fa irhope finds and declares this Ordinance to be necessary for the long-term sustainability of the Sewer System and to support the health, safety, and general welfare of the community. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. Fairhope Resolutions No. 4950-23 and 4986-24 are hereby rescinded. Section 2. The Code of Ordinances, City of Fairhope, Alabama, Chapter 21, Article IV. Sewers is hereby amended to reflect the following changes and additions: ARTICLE IV. SEWERS The City of Fairhope hereby defines its sanitary sewer wastewater territory (herein “Sewer Territory”) as set forth in the map attached as Exhibit “A” to this Ordinance which is incorporated herein. The map showing the Sewer Territory will also be published and maintained on the City’s website. Notwithstanding other requirements set forth and codified in the Fairhope Code of Ordinances and except as set forth herein, no new availability letters will be issued for land outside of the Sewer Territory and no new connections to Fairhope’s Sewer System will be permitted outside of the Sewer Territory. In addition to other requirements set forth and codified in the Fairhope Code of Ordinances, property located outside of the City of Fairhope Corporate Limits, but contiguous to the Corporate Limits, must be annexed into the City of Fairhope to be eligible to connect to Fairhope’s Sewer System. Additionally, for property located within the Sewer Territory but outside of and not contiguous with the City of Fairhope Corporate Limits, no new availability letters will be issued or new connections to Fairhope’s Sewer System will be permitted unless the property can be served by connection to existing abutting service lines or by an extension of existing service lines in a manner and cost acceptable to the City where capacity is deemed sufficient by the City, and: Page 89 of 178 Ordinance No. _____ Page -2- (1) The sewer service requested is for service to a single family or duplex residence located on a legally created lot of record existing on the effective date of this Ordinance; or (2) The sewer service requested is for service to a single family or duplex residence located in a proposed subdivision with a density of no more than two (2) Dwelling Units, as that term is used in the Zoning Ordinance (Ordinance No. 1253), per acre; or (3) The sewer service requested is for service to a multifamily, hotel, or other lodging structure with a residential unit or hotel room density of no more than two (2) Dwelling Units, as that term is used in the Zoning Ordinance (Ordinance No. 1253) per acre, or hotel rooms per acre; or (4) The sewer service requested is for service to a commercial, industrial, or institutional subdivision or structure that is not a residential, multifamily, hotel, or lodging structure, subject to capacity limitations, and any such service requiring a metered water connection greater than 2” must be approved by the Water/Wastewater Superintendent. The City will continue to serve existing sewer customers regardless of the Sewer Territory, but will not allow any new connections or availability letters to be issued for property outside of the Sewer Territory. New sewer connections within the Sewer Territory may be subject to System Development Charges, connection or tap fees, and other requirements as set forth in the Fairhope Code of Ordinances and policies and procedures of Fairhope Public Utilities. The City will honor existing commitments to provide sewer service to property located outside the Sewer Territory if an active building permit was issued, or if preliminary or final plat approval with prior written acknowledgment of the City’s ability to provide sewer service to the property was secured. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 13TH DAY OF JULY, 2026 _______________________________ James Reid Conyers, Jr., Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS THE 13TH DAY OF JULY, 2026 _______________________________ Sherry Sullivan, Mayor Page 90 of 178 Area Added 7/1/26 Page 91 of 178 RESOLUTION NO. 4950-23 WHEREAS, in recent years the explosive growth of the City of Fairhope has put heavy demands on the resources of the City to meet the sewer needs of Fairhope residents and businesses; and WHEREAS, these demands on the City 's resources, patticularly the demand for sewer, have made it increasingly difficult for the City to meet the needs of Fairhope 's customers while continuing with the City 's policy of serving sewer customers outside Fairhope 's corporate limits; and WHEREAS, while the City is presently engaged or will be engaged in research and professional studies designed to determine adequate capacity for sewer services and potential expansion of sewer infrastrncture , the success of the effo11 is far from ce11ain and, in any event , the costs of securing additional infrastructure for sewer services will be substantial ; and WHEREAS, the Governing Body of the City of Fairhope finds and declares its primary purpose to be the provision of sewer service to customers located within the corporate limits of the City of Fairhope. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , That until fmther notice and until feasibility studies are comp leted , the City Utility Depa1tment will not issue availability ce1tificates for sewer service to new applicants outside the corporate limits of the City of Fairhope. Additionally , as alternate sewer services inc luding but not limited to septic tanks , aerobic lagoons , hydrograph lagoons , trench filters, alternate commercial services, etc., are not subject to inspection or permitting and do not meet the stringent standards the City of Fairhope , an applicant using any of these alternate sewer types or services ill rn;>t be eligible for annexation into the corporate limits of the City of Fairhope . ADOPTED THIS 11 TH Corey Martin, Council President Attest: L~ City Clerk Page 92 of 178 RESOLUTION NO. 4986-24 WHEREAS, on December 11 , 2023, the City Council adopted Resolution No. 4950-23 that suspended the issuance of availability certificates for sewer service to new applicants outside the corporate limits of the City of Fairhope; and WHEREAS, there is a need to revise the resolution to add the following: the City Utility Department may issue availabi lity certificates and it may provide sewer service to a subdivision with four or fewer lots or a single-family home outside the corporate limits. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby amends Resolution No. 4950-23 to add the following: the City Utility Department may issue avai lability certificates and it may provide sewer service to a subdivision with 4 or fewer lots , a single-fami ly home outside the corporate limits , or smgle-family lot in a subdivision that already has availability certificates. ADOPTED THIS 19TH DAY Corey Martin , Council President Attest: ~-~ ~c City Clerk Page 93 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1020 FROM: Daryl Morefield, Water Superintendent Noel Berry, Utilities Engineer SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of Professional Engineering Services for the Supplemental Air Installation for the Wastewater Treatment Plant. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $75,000.00 for RFQ PS26-028 Professional Engineering Services for the Supplemental Air Installation for the Wastewater Treatment Plant and allow the Mayor to execute a contract with Krebs Engineering. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of Professional Engineering Services for the Supplemental Air Installation for the Wastewater Treatment Plant. The work to be performed is for professional engineering associated with the project, which will include the following: • Engineering Services • Bid Period Services • Construction Review Services The Mayor and the Superintendent of Water and Wastewater Department would like to establish a not-to-exceed amount for Professional Engineering Services of Seventy-Five Thousand Dollars ($75,000.00). Previous Council Action: 06/29/2026 - Resolution No. 5847-26 - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS26-028) for Supplemental Air Installation for the Wastewater Treatment Plant to Krebs Engineering; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Page 94 of 178 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59502-30 Wastewater - System Improv WWTP $75,000.00 $75,000.00 $0.00 Project No. 2026SEW003-ENG GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: Treasury to distinguish between Construction and Engineering in the Project Ledger Budget. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 95 of 178 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Krebs Engineering for Professional Engineering Services for the Supplemental Air Installation for the Wastewater Treatment Plant (RFQ PS26- 028) with a not-to-exceed amount of $75,000.00. DULY ADOPTED THIS 13TH DAY OF JULY, 2026 ________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 96 of 178 June 9, 2026 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: Wastewater Treatment Plant Orbal Aeration Improvements Contract No. 26301 Dear Daryl: Krebs Engineering, Inc. is pleased to present this proposal to the City of Fairhope (City) for professional engineering services associated with the Wastewater Treatment Plant Orbal Aeration Improvements project. The purpose of this project is to add additional air to the Orbal basin to reduce ammonia. The project will generally consist of improvements to the existing Orbal biological treatment basin to include new fine bubble diffusers, new blower(s), new air piping, and electrical. Krebs will design the improvements to be compatible with the upcoming wastewater treatment improvements project, minimizing any rework once the project is released for design. The scope of services is described in more detail below. ENGINEERING SERVICES A. Engineering Services 1. Develop/finalize Scope of Work and agreements. 2. Schedule and attend the design kick-off meeting with the City. 3. Develop CAD drawings for existing facilities. 4. Visit the wastewater treatment plant site during design to coordinate with operators. 5. Develop sizing, design calculations, construction drawings, technical specifications, and contract/frontend documents (e.g. bid forms, general conditions, etc.). 6. Evaluate equipment alternatives. 7. Develop Request for Proposal (RFP) documents for process equipment. Distribute the RFP to manufacturers, review the proposals received, and develop recommendations for the City to select and purchase equipment. 8. Hold and attend design review meetings with the City. 9. Develop project schedules (design and construction) and a construction cost estimate. 10. Develop electrical design, including power and controls for the new process equipment. 11. Evaluation and development of construction phasing. A. Bid Period Services 1. Facilitate interest in the construction project by distributing copies of the "Advertisement for Bids" to media outlets, 3rd party construction journals/subscription services, and directly to contractors engaged in the construction of wastewater treatment facilities. 2. Issue Plans and Specifications to those contractors requesting such Plans and Specifications. Page 97 of 178 Mr. Daryl Morefield June 9, 2026 Page 2 3. Prepare and maintain a list of Plan holders. 4. Furnish a representative for attendance at the pre-bid conference. 5. Prepare/distribute addenda. 6. Prepare/distribute the pre-bid conference agenda and meeting minutes. 7. Furnish a representative for attendance at the opening of bids. 8. Tabulate, evaluate, and certify the bids received. 9. Make recommendations to the Client regarding the award of the construction contract. 10. Prepare construction contract documents for execution by the Client and the Contractor to whom the award is made. 11. Review all sets of executed documents for completeness of forms and required attachments. 12. Furnish a representative for attendance at the pre-construction conference and prepare meeting minutes. B. Construction Review Services 1. Provide the location of horizontal and vertical control (reference points and benchmarks) for use by the Contractor in his layout of the work. 2. General review of the work through an engineer or field inspector, who will make periodic reviews at the work site as construction of the project progresses. 3. Review and forward to the City a copy of each reviewed shop drawing, equipment drawing, material specification, laboratory test report, and shop and mill test report submitted by the Contractor. 4. Report any observed deviations from the intent of the Plans and Specifications to the City and recommend to the City any appropriate action to be taken by the City. 5. Conduct progress meetings as required to ensure the project is progressing as it should. 6. Review and present to the City for payment the Contractor's periodic and final estimates of work performed on the project. 7. Upon completion of the work, prepare a "punch list" of items of work, if any, to be corrected by the Contractor. 8. Coordinate with the Contractor the correction of any items of work required to complete the project in substantial accordance with the intent of the Plans and Specifications. 9. Preparation of Record Drawings. C. Services Not Provided 1. Full time onsite Field Representative during the Construction Period. 2. Easement surveys and/or legal descriptions for the necessary easements. 3. Materials Testing services including, but not limited to: Mill, shop and laboratory testing for metallurgical, chemical, and physical characteristics of materials, coatings, welds, and manufactured/fabricated articles or equipment. 4. Miscellaneous Surveys/Assessments/Studies services include, but are not limited to: surveys/assessments/studies related to cultural or historical artifacts or remains, endangered animal or vegetative species, wetland delineation or identification, population or economic status, traffic volumes, environmental conditions, or preparation of environmental impact statements. Page 98 of 178 Mr. Daryl Morefield June 9, 2026 Page 3 5. Construction materials testing, including, but not limited to: concrete compressive strength, compaction, etc. 6. Litigation services include but are not limited to: Preparation for or appearances before courts or boards on litigation related to the work, except when related to negligent errors and/or omissions by Krebs. COMPENSATION Time charge-based compensation will be computed using the Krebs Standard Hourly Billing Rates/Charges (attached) in effect when services are rendered, plus direct job expenses and sub- consultant expenses. Fees determined based on time charges, plus direct job and sub-consultant expenses, will be paid to Krebs as compensation for Items A through H listed above. The approximate construction costs for the fine-bubble diffuser and blower(s) option described herein are $800,000. The total of these time charges, plus direct job expenses and sub-consultant expenses, will not exceed Seventy-five Thousand dollars and no cents ($75,000.00). We are truly grateful for the opportunity to work with you and the City and for the continued confidence that the City has shown in Krebs. If you have any questions regarding this proposal, please let us know at your earliest convenience. If you have any questions regarding this proposal, please contact us. Sincerely yours, Krebs Engineering, Inc. By____________________________ D. Robert Vaughan Associate cc: Krebs File No. 26301 Page 99 of 178 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. 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? Engineering Services for supplemental air installation at WWTP 2. What is the total cost of the item or service? Click or tap here to enter text. 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Click or tap here to enter text. 6. Vendor Number: 7057 7. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $800,000.00 3. Budget code: 004020-59502-30 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 100 of 178 RESOLUTION NO. 5847-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS26-028) for Supplemental Air Installation for the Wastewater Treatment Plan to Krebs Engineering; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 29TH DAY OF JUNE 2026 Attest: Page 101 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1030 FROM: Daryl Morefield, Water Superintendent SUBJECT: The Superintendent of Water/Wastewater Department. Daryl Morefield, is requesting to procure a professional engineering firm for on-call engineering services annual contract for Water/Wastewater Department projects. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To approve the selection of Krebs Engineering by the Mayor for RFQ PS26-029 On-Call Professional Engineering Services for the Water/Wastewater Department Annual Contract, and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The Superintendent of Water/Watewater Department, Daryl Morefield, is requesting to procure a professional engineering firm for RFQ PS26-029 On-Call Professional Engineering Services for Water/Wastewater Department Annual Contract. This contract would be for design of upgrades and ongoing projects for the City Water/Wastewater Department projects as needed. Per the City "Procedure for Procuring Professional Services for Projects under $100,000.00," Superintendent of Water/Wastewater Department, Daryl Morefield, and Mayor Sherry Sullivan have chosen Krebs Engineering. The recommendation to Council is to award the RFQ to Krebs Engineering for one (1) year with two (2) one (1) year extensions and allow the Mayor to negotiate a not-to-exceed amount. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $ $ ($____) GRANT: N/A Page 102 of 178 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 103 of 178 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for On- Call Professional Engineering Services (RFQ PS26-029) for the Water/Wastewater Department Annual Contract to Krebs Engineering; and allows Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 13TH DAY OF JULY, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 104 of 178 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: July 1, 2026 Re: RFQ PS26-029 On-Call Professional Engineering Services for Water/Wastewater Projects The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a professional engineering firm for RFQ PS26-029 On-Call Professional Engineering Services for Water/Wastewater Projects Per our Procedure for Procuring Professional Services, Daryl Morefield and I are providing firms for the Mayor to select from for the work. The purpose of hiring the company is to perform professional engineering services for the design of upgrades and engineering of various projects for the Water and Wastewater Departments. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Krebs Engineering _____________ ___________ None. Submit another list Cc: file, Daryl Morefield, Mayor Sherry Sullivan Sherry Sullivan (Jul 1, 2026 15:37:45 CDT) Sherry Sullivan Jul 1, 2026 Page 105 of 178 Memo to Choose - On-Call Engineer Water Wastewater Final Audit Report 2026-07-01 Created:2026-07-01 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAanR9nVCpz9XQgooGtO7pbIZm9cxOUB1_ "Memo to Choose - On-Call Engineer Water Wastewater" Histor y Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2026-07-01 - 7:26:24 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2026-07-01 - 7:26:56 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2026-07-01 - 7:27:03 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2026-07-01 - 8:37:45 PM GMT - Time Source: server - Signature Appearance Selected: MOBILE_TYPE Agreement completed. 2026-07-01 - 8:37:45 PM GMT Page 106 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1021 FROM: Daryl Morefield, Water Superintendent Noel Berry, Utilities Engineer SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and Utilities Engineer, Noel Berry, are requesting to approve the award of the Request for Quotes for Materials for the Dairy Rd Water Main (Greeno to Section) Project. City Water Department will be doing the work. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To approve the award of the Request for Quotes for materials for the Dairy Rd Water Main (Greeno to Section) Project to Empire Pipe and Supply for the low bid not-to- exceed cost of $42,593.58. City Water Department will be doing the work. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, and Utilities Engineer, Noel Berry, are requesting approval for the procurement of materials for the Dairy Rd Water Main (Greeno to Section) Project. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. City Water Department will be doing the work. A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was from Empire Pipe and Supply. The Superintendent of Water/Wastewater and the Utilities Engineer requests approval to award the Request for Quote to Empire Pipe and Supply for the not-to-exceed cost of Forty-Two Thousand Five Hundred Ninety-Three Dollars and Fifty-Eight Cents ($42,593.58). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500-90 Water - Distribution System Improv $42,593.58 $42,593.58 $0.00 Project No.: 2026WAT021 Page 107 of 178 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: Treasury to create Project in Project Ledger with corresponding budget. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 108 of 178 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Materials for the Dairy Rd Water Main (Greeno to Section) to Empire Pipe and Supply for a not-to-exceed project cost of $42,593.58. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 13TH DAY OF JULY, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 109 of 178 EMPIRE PIPE AND SUPPLY - 2301 ALTON ROAD - BIRMINGHAM, AL 35210 - (205) 956-1010 - Fax (205) 956-8251 Page1/1 Date:3-Jun-2026 Bid Date: Time: Tel: Engineer: Fax: Lead Time Qty.Unit Price Ext. 480 lf 12.95$ 6,216.00$ 8 ea 99.83$ 798.64$ 8 ea 60.30$ 482.40$ 3 ea 280.39$ 841.17$ 3 ea 2,571.43$ 7,714.29$ 3 ea 411.18$ 1,233.54$ 9 ea 32.01$ 288.09$ 3 ea 894.99$ 2,684.97$ 3 ea 81.17$ 243.51$ 1500 lf 0.15$ 225.00$ 4 ea 137.76$ 551.04$ 8 ea 64.33$ 514.64$ 700 lf 28.44$ 19,908.00$ 3 ea 221.83$ 665.49$ 8 ea 28.35$ 226.80$ 42,593.58$ Gallon of Lube Valve Box with Water Lid City of Fairhope Fairhope, AL Material Quote Description 6" HDPE MJ Acc Pack 6" DIPS SDR11 Molded MJ Adapter 6" M&H Gate Valve 6" x 6" MJ Hydrant Tee 6" Megalug for DI 5-1/4 M&H Hydrant 3'6" Bury 6" Bolt and Gasket Set 6" x 24" Anchor Coupling 6" Ductile Iron Pipe Class 350 Tyton Joint 6" MJ 45 Bend Poly Wrap 16 x 300 6" DIPS SDR11 Black with Blue Stripe Total Less Tax: 10 AWG Tracer Wire Page 110 of 178 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Noel Berry, PE - Utilities Engineer Date: 6-15-2026 Department: Water- 004010– 2026-WAT 021 – Dairy Rd Water Main (Greeno to Section) Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a gree n sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City . If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases . QUOTES Vendor Name Vendor Quote 1. Empire Pipe and Supply – 2301 Alton Rd.; Birmingham, AL 35210 P: 205-956-8251 $ 42,593.58 2. Ferguson Waterworks $ 44,338.00 3. Consolidated Pipe and Supply $ 48,324.00 Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Materials for 6” Water Main Extension 2. What is the total cost of the item or service? $42,593.58 3. How many do you need? Qty. Listed on Quote 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Empire Pipe and Supply 6. Vendor Number: 8437 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? Portion of $1,750,000 for Water Main Upgrades 3. Budget code: 004010 59500 Line 90 – Water Distribution Main Upgrades- Total Line $1,750,000.00 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 111 of 178 FEL-LOXLEY WATERWORKS #1715 30065 STATE HWY 59 *INSIDE CITY LIMITS* LOXLEY, AL 36551-0000 Phone: 251-964-8330 Fax: 251-964-8334 Deliver To: From:Cameron Bosarge cameron.bosarge@ferguson.com Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=1715&on=29580 11:58:53 JUN 03 2026 FERGUSON WATERWORKS #1204 Price Quotation Phone: 251-964-8330 Fax: 251-964-8334 Bid No:B449045 Bid Date:06/02/26 Quoted By:CJN Cust Phone:251-928-8003 Terms:NET 10TH PROX Customer:CITY OF FAIRHOPE ATTN: ACCTS PAYABLE PO BOX 429 FAIRHOPE, AL 36533 Ship To:CITY OF FAIRHOPE ATTN: ACCTS PAYABLE PO BOX 429 FAIRHOPE, AL 36533 Cust PO#:JOE RFQ 6/2 Job Name:PROJECT QUOTE Page 1 of 2 Item Description Quantity Net Price UM Total  PED11BU40 6X40 DIPS DR11 HDPE PIPE BL STRIPE 480 1200.000 C 5760.00 PED11MJAAU 6 DIPS PC200 DR11 MJ ADPT W/ACC 8 155.000 EA 1240.00 MJSTLAU 6 MJ C153 SWVL TEE L/A 3 325.000 EA 975.00 MA423LAOLMJRN 5-1/4 A423 HYD 3'6 6 MJ OL L/A RED.3 2900.000 EA 8700.00 MJSHAU24 6X24 MJ C153 SWVL HYD ADPT 3 450.000 EA 1350.00 IMJBGPU 6 MJ C153 BLT GSKT PK L/ GLAND 9 27.000 EA 243.00 AFC2506MMLAOL 6 DI MJ RW OL GATE VLV L/A 3 945.000 EA 2835.00 PSVB461SW 2PC SCRW 10T/15B COMP CI VLV BX WTR 3 85.000 EA 255.00 P744130232 10GA SLD HFCCS PE30 WIRE BLUE 500 1500 150.000 M 225.00 MJ4LAU 6 MJ C153 45 BEND L/A 4 160.000 EA 640.00 SSLDEP6 6 DI MJ WDG REST GLND PK *ONELOK 8 70.000 EA 560.00 AFT350PU 6 CL350 CL DI FASTITE PIPE 700 30.000 FT 21000.00 S47PW16 16X300 8ML POLYWRAP F/4-6 DIP 3 145.000 EA 435.00 PSLUBXL1G 1 GAL 8 LB PIPE JT LUB NSF NEW FORM 8 15.000 EA 120.00 Net Total:$44338.00 Tax:$0.00 Freight:$0.00 Total:$44338.00 Page 112 of 178 Page 2 of 2 11:58:53 JUN 03 2026 FERGUSON WATERWORKS #1204 Price Quotation Fax: 251-964-8334 Reference No:B449045 HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=1715&on=29580 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE Due to the uncertain impact of potential tariffs, Ferguson's quotation/proposal has not included any provision or contingency for future tariffs or increase of existing tariffs. Ferguson reserves the right to adjust prices to reflect the impact of any new or increased tariffs that affect our costs at the time of shipment. Ferguson will provide notice of any such adjustments along with documentation supporting the changes. CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. Page 113 of 178 QUOTATION Quotation Number Version Number Quotation Date S279861 1 JOB NAME WATER SALE SITE CONSOLIDATED PIPE & SUPPLY 4180 HALLS MILL ROAD MOBILE, AL 36693-5614, USA PHONE: 251-666-6691 SOLD TO FAIRHOPE CITY OF WATER & SEWER P O BOX 429 FAIRHOPE, AL 36533, USA SHIP TO FAIRHOPE CITY OF 555 SOUTH SECTION ST. WATER & SEWER FAIRHOPE, AL 36533, USA Ship Via Best Way Delivery Terms To Be Determined Payment Terms Net 30 Days Last Communication Expiration Date Written By Customer RFQ Customer Number 06/05/2026 Micha Lambert AL0350133L Requested By Sales Rep Budget Wes Lanicek SALES Line CPS Part No Part Description Wanted Delivery Date Sales Qty UoM Extended AmountUnit Net Price 6 DIPS SDR11 PE4710 BLACK W/BLUE STRIPE HDPE PIPE 40' 60-0600-00438 1.1 07/03/2026 FT $8.50 $4,080.00 480.001 6 DIPS SDR11 MOLDED PE4710 BLACK HDPE MJ ADAPTER W/STIFFNER L/ACC 20-0600-02222 2.1 07/03/2026 EA $100.00 $800.00 8.002 6 IPS/DIPS HDPE MJ KIT W/C153 GLAND IMP 20-0600-02214 3.1 07/03/2026 EA $65.00 $520.00 8.003 6X6 C153 DI HYDRANT TEE MJ IMP 20-0600-01437 4.1 07/03/2026 EA $315.00 $945.00 3.004 5-1/4 MUELLER COMPANY A423 423-501999 RED DI NST OL FIRE HYDRANT L/ACC 3'6" BURY 6" MJS 1-1/2 PENT DOM 22-0514-00112 5.1 07/03/2026 EA $3,000.00 $9,000.00 3.005 6X24 C153 DI SWIVEL ADAPTER MJ IMP 20-0600-01189 6.1 07/03/2026 EA $425.00 $1,275.00 3.006 6 STD BOLT AND GASKET KIT L/GLAND MJ IMP 20-0600-02644 7.1 07/03/2026 EA $35.00 $315.00 9.007 6 MUELLER COMPANY A-2361-23 DI OL GATE VALVE L/ACC MJ 2" OP NUT 22-0600-00216 8.1 07/03/2026 EA $1,100.00 $3,300.00 3.008 5-1/4 CI VALVE BOX 2PC SCRD 18-24 25-0514-00122 9.1 07/03/2026 EA $85.00 $255.00 3.009 10 GA BLUE PE-30 CARBON STEEL HIGH STRENGTH COPPER CLAD TRACER WIRE 500' 15-1000-00017 10.1 07/03/2026 EA $0.25 $375.00 1,500.0010 6 C153 DI 45 ELBOW MJ IMP 20-0600-01268 11.1 07/03/2026 EA $185.00 $740.00 4.0011 6 SIGMA ONE-LOK SLDEP6 DI WEDGE RESTRAINT W/ACC IMP 20-0600-01392 12.1 07/03/2026 EA $90.00 $720.00 8.0012 6 CL350/50 ASPHALT COATED OD CEMENT ID DI PIPE SJ 60-0600-00242 13.1 07/03/2026 FT $36.32 $25,424.00 700.0013 16 8 MIL SIGMA 47-PW16 LLDPE POLYWRAP F/6" DIPS 300' 60-1600-00055 14.1 07/03/2026 EA $125.00 $375.00 3.0014 This Quotation is subject to and will be governed by Consolidated Pipe’s Domestic Terms and Conditions which can be found at https://consolidatedpipe.com/wp-content/uploads/Consolidated-Pipe-Supply.-General-Terms-and-Conditions-of-Sale-10.1.16-03622602-7.pdf. Only Consolidated Pipe’s Terms and Conditions shall apply. Any other new, additional or conflicting terms and conditions shall be inapplicable to this Quotation as well as to any related purchase order or other agreement, or any performance thereunder. Page 1 of 2 Consolidated Pipe and Supply Company Page 114 of 178 S279861 1 Quotation Date Version Number Quotation NumberQUOTATION SALES Line CPS Part No Part Description Wanted Delivery Date Sales Qty UoM Extended AmountUnit Net Price 1 GAL PIPE LUBRICANT 10-0100-00058 15.1 07/03/2026 EA $25.00 $200.00 8.0015 Subtotal Amount $48,324.00 Tax Amount $0.00 Total $48,324.00 This Quotation is subject to and will be governed by Consolidated Pipe’s Domestic Terms and Conditions which can be found at https://consolidatedpipe.com/wp-content/uploads/Consolidated-Pipe-Supply.-General-Terms-and-Conditions-of-Sale-10.1.16-03622602-7.pdf. Only Consolidated Pipe’s Terms and Conditions shall apply. Any other new, additional or conflicting terms and conditions shall be inapplicable to this Quotation as well as to any related purchase order or other agreement, or any performance thereunder. Page 2 of 2 Consolidated Pipe and Supply Company Page 115 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1018 FROM: John Thomas, Public Works Director SUBJECT: The Director of Public Works, John Thomas, is requesting to purchase a stump grinder and for the approval to trade-in an old stump grinder. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To approve this request for the procurement of a Caterpillar High Flow SG36 Stump Grinder for the not-to-exceed cost of $8,619.00. To also approve the trade-in of an old stump grinder for $4,000.00. The total payment for the purchase with trade-in will be not-to-exceed $8,619.00 plus shipping and handling. This is on Sourcewell (Contract #011723-CAT) with Thompson CAT and therefore does not have to be let out for bid; and authorizes the Treasurer to transfer $8,619.00 from Small Equipment to Capital Purchases in the FY2026 Landscape Budget. BACKGROUND INFORMATION: The Director of Public Works, John Thomas, is requesting to purchase a stump grinder and for the approval to trade-in an old stump grinder. A request for quotes was sent to three (3) qualified vendors. The lowest quote was from Thompson CAT. The quoted cost is: Caterpillar High Flow SG36 Stump Grinder: $8,619.00 Trade-In: -$4,000.00 Total Payment: $4,619.00 The Director of Public Works requests approval to award the Request for Quotes to Thompson CAT for a total cost of Eight Thousand Six Hundred Nineteen Dollars ($8,619.00) plus shipping and handling. This will be purchased through the purchasing cooperative Sourcewell contract (Contract #011723-CAT) with Thompson CAT and therefore does not have to be let out for bid. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 116 of 178 Budget 001360- 50470 Lanscape - Vehicles & Equipment $0.00 $8,619.00 ($8,619.00) 001360- 50435 Landscape - Small Equipment $8,619.00 $0.00 $8,619.00 Total $8,619.00 ($8,619.00) $0.00 Authorize Treasurer to transfer $8,619.00 from Small Equipment to Capital Purchases in the FY2026 Landscape Budget. Trade-In of $4,000.00 will be recorded as revenue. 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: Record asset at full value and retire asset being traded in. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 117 of 178 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of a Caterpillar High Flow SG36 Stump Grinder that is on Sourcewell (Contract #011723-CAT) with Thompson CAT and therefore does not have to be let out for bid. The total amount not-to-exceed $8,619.00 plus shipping and handling. Additionally, the City of Fairhope approves the trade-in of a FECON Mini skid Loader Stump Auger for $4,000.00. The total payment after trade-in will not-to- exceed $4,619.00 plus shipping and handling; and authorizes the Treasurer to transfer $8,619.00 from Small Equipment to Capital Purchases in the FY2026 Landscape Budget. ADOPTED ON THIS 13TH DAY OF JULY, 2026 ___________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 118 of 178 Page 119 of 178 Page 120 of 178 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. Thompson Cat Beard Equipment CO. Cowin Equipment Company 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? Caterpillar High Flow Stump Grinder 2. What is the total cost of the item or service? $8619.00 With $4000 trade in of old grinder total $4,619.00 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Thompson Cat 6. Vendor Number: 20937 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: 001360-50435 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 121 of 178 June 4, 2026 City of Fairhope Attn: Will Mastin Will, below is the quote for the New Swing Arm Stump Grinder that we talked about. • Blue Diamond Swing Arm Stump Grinder • Cutting width: 26" (660 mm) • Best suited for machines with 50-95 HP • 6-way cutting positioning (up/down, side/side, in/out) • Flow range low/high: 29–45 GPM • High-torque radial piston motor with 3 high -flow options • Dual-direction 26″ grinding wheel with 30 durable carbide teeth on both sides • Teeth rotate 180° for extended cutting life • Heavy-duty 1" (25 mm) thick grinding wheel cuts 12" below ground level • Chain guard for debris and push blade for backfill • Integrated cushioning device protects wheel from overload • Case drain required • Minimum ½” thick polycarbonate operator protection required • Universal skid steer mount • 26" Stump Grinder (30 Carbide Teeth and Nuts) Sale Price: $30,400 Grinder Trade: ($2500) *Lead time is 6-7 Weeks Thank you for the opportunity to provide you with this quote . John Deere has a long and outstanding history of success in the construction equipment business and we feel you’ll be very pleased with our product offering. If you have any questions please feel free to call me anytime. Sincerely, Ryan Fields Sales Representative 251-604-2838 Page 122 of 178 Date Ref. # 6/11/2026 To: Attention: Salesman: Line #Each $32,572.00 Model Hours SHX12CL Proposed: ASM 205-841-6666 (P) 205-849-0853 (F) Will Mastin Cowin Equipment Company, Inc.Quotation 2238 Pinson Valley Parkway Birmingham, AL 35209 Customer # Make Model Quantity Price Blue Diamond 104605 555 Section Street Fairhope Al 36533 John Edwards/John Flynn $29,314.80 Quoted using Master Contract MA230000004123 Takeuchi Price with Contract Discount 10% Fecon SHX120010044 $1,500.00 Pricing Summary Equipment Purchase Price $29,314.80 $27,814.80Total Price (before sales tax) -$1,500.00 *All standard warranty, extended warranty and CSA pricing (if applicable) are included in the above machine sales total price* Notes / Warranty / CSA Information Availability is approximately 8 weeks. Thank you for the opportunity to serve your needs. John Edwards 850-685-7055 jedwards@cowin.com This quote will remain valid for 30 days and is priced at anticipated pricing at the time of delivery. Title Date ACKNOWLEDGEMENTS: We promise to pay the balance due shown above in cash, or to execute a Time Sale Agreement (Retail Installment Contract), on or before delivery of the equipment ordered herein. Despite physical delivery of the equipment, title shall remain with the Accepted: John Edwards, Governmental Sales Manager Page 123 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1022 FROM: John Thomas, Public Works Director SUBJECT: The Director of Public Works, John Thomas, and the Landscaping Department's Horticultural Supervisor, Will Mastin, have requested the annual procurement of Tulip Bulbs, Paperwhites, Daffodils, Poinsettias, and other winter flowers for FY2027 for the Landscaping Department for landscaping throughout the City. The total cost for this procurement is $52,404.38 plus shipping and additional tariffs. This procurement is allowed pursuant to Resolution No. 1650-10 adopted May 24, 2010 that declares flowers as Unique "Like Items" and the extension of this categorization to include any cultivated varieties, differentiated by scientific name. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To approve this FY2027 fall and winter flower procurement for the Landscaping Department with an estimated cost of $52,404.38 plus shipping and additional tariffs from Billy Haris and Associates and Ruigrok Flowerbulbs. The cost will be included in the proposed FY 2027 budget. BACKGROUND INFORMATION: The Landscaping Department Horticulture Supervisor, Will Mastin, is requesting approval of the annual procurement of Tulip Bulbs, Paperwhites, Daffodils, Poinsettias, and other winter flowers for FY2027 for the Street Department for landscaping throughout the City. The tulip bulbs and flowers must be ordered in advance for delivery by Fall of 2026. The cost will be included in the FY2027 proposed budget. The estimated cost from Billy Harris and Associates is Sixteen Thousand Twenty-Three Dollars ($16,023.00) plus shipping and tariffs. The estimated cost from Ruigrok Flowerbulbs is Thirty-Six Thousand Three Hundred Eighty-One Dollars and Thirty-Eight Cents ($36,381.38) plus shipping and tariffs. The total estimated cost is Fifty-Two Thousand Four Hundred Four Dollars and Thirty- Eight Cents ($52,404.38) plus shipping and additional tariffs. This procurement is allowed pursuant to Resolution No. 1650-10 adopted May 24, 2010 that declares flowers as Unique "Like Items" and the extension of this categorization to Page 124 of 178 include any cultivated varieties, differentiated by scientific name. Previous Actions: Resolution No. 1650-10 adopted May 24, 2010, which designated "Like Item: Flora" exceed the $30,000.00 state bid limit. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001360- 51400 Landscape - Flowers $0.00 $52,404.38 ($52,404.38) Expense will be incurred upon delivery of flowers. The cost will be included in the FY2027 proposed budget. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: Treasury Department enter as a contract. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 125 of 178 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the annual procurement of Tulip Bulbs, Paperwhites, Daffodils, Poinsettias, and other fall and winter flowers for FY2027 for the Landscaping Department to Billy Harris and Associates with an estimated cost of $16,023.00 plus shipping and additional tariffs; and to Ruigrok Flowerbulbs with an estimated cost of $36,381.38 plus shipping and additional tariffs. The cost will be included in the proposed FY2027 Budget. This procurement is allowed pursuant to Resolution No. 1650-10 adopted May 24, 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 13TH DAY OF JULY, 2026 ___________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 126 of 178 Billy Harris & Associates, Inc 5220 Sheppard Dr Elmore, AL 36025 US +13342901985 sales@bhaplants.com Sales Order ADDRESS City of Fairhope P.O. Drawer 429 Fairhope, AL 36533 SALES ORDER #DATE 40651 03/23/2026 VENDOR SHIP DATE COWETA 11/23/26 WK 48 ACTIVITY QTY RATE AMOUNT POINSETTA RED 6 1/2"1,000 6.85 6,850.00 POINSETTIA WHITE 6 1/2 "600 6.85 4,110.00 POINSETTIA MARBLE 6 1/2"500 6.85 3,425.00 Freight and Handling 1 1,638.00 1,638.00 Attached is your sales order! Please look over your order carefully. Orders cancelled after sowing or rooting will be charged. Tariff Surcharge: A tariff surcharge may be applied to all materials as a separate line item based on the prevailing tariff at the time input materials are received. SUBTOTAL 16,023.00 TAX 0.00 TOTAL $16,023.00 Accepted By Accepted Date Page 127 of 178 Order confirmation Our order nr.Date Page 1 / 2Jun-11-2026160631City Of Fairhope P.O. Box 429 Fairhope AL 36533 USA Delivery date Oct-01-2026 Delivery Conditions Delivered Duty Paid Payment 30 Days end of Month net Your Reference Phone 334-929-0353 Customer CU406400 Philipp Laagland Sales Rep. Shipping Address City Of Fairhope 555 South Section Street Fairhope AL 36533 USA Total USD Description Size PerPriceQuantity Price USD PerItem Code Delft Blue 17/18 525.00 /1000 826.881 .575 Hyacinthus11235017 Pink Pearl 17/18 540.00 /1000 1,458.002 .700 Hyacinthus11269017 Dynasty 12/+330.00 /1000 8,250.0025 .000 Tulipa Triumph14185012 Negrita 12/+280.00 /1000 1,400.005 .000 Tulipa Triumph14275012 Sunrise Dynasty 12/+355.00 /1000 355.001 .000 Tulipa Triumph14373212 Tom Pouce 12/+330.00 /1000 1,320.004 .000 Tulipa Triumph14391512 Golden Parade 12/+295.00 /1000 5,162.5017 .500 Tulipa Darwin Hybrid14507512 Novi Sun 12/+285.00 /1000 142.50500Tulipa Darwin Hybrid14526212 Parade 12/+275.00 /1000 5,500.0020 .000 Tulipa Darwin Hybrid14536012 Van Eijk ®12/+230.00 /1000 230.001 .000 Tulipa Darwin Hybrid14551012 World Peace 12/+305.00 /1000 152.50500Tulipa Darwin Hybrid14554012 Dutch Master 12/14 320.00 /1000 2,304.007 .200 Narcissus Trumpet20023512 Goblet 12/14 350.00 /1000 1,400.004 .000 Narcissus Trumpet20031012 Ice Follies 12/14 355.00 /1000 2,130.006 .000 Narcissus Large Cupped20129812 February Gold 12/14 275.00 /1000 550.002 .000 Narcissus Miniature20610012 Ziva (Paperwhite)15/16 520.00 /1000 5,200.0010 .000 Narcissus Tazetta20809015 Page 128 of 178 Order confirmation Our order nr.Date Page 2 / 2Jun-11-2026160631 City Of Fairhope P.O. Box 429 Fairhope AL 36533 USA Note: If tariffs apply at the moment of shipment, these will have to be added to your invoice. Last year they were 15% tariff in effect. Goods 36,381.38 USD 36,381.38Subtotal USD Amount 36,381.38 USD Page 129 of 178 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. Ruigrok Flowerbulbs – Tulips, Paperwhites, Daffodils Billy Harris and Associates - Poinsettias – Christmas 2026 Billy Harris and Associates – Fall Flowers 2026 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? Winter Bulb Order for Winter 2026, Poinsettias 2026, Fall Flowers 2026 2. What is the total cost of the item or service? 72,149.40 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): Ruigrok Flowerbulbs, Billy Harris and Associates 6. Vendor Number: 23290 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: 001360-51400 (FY2027) Email completed form with quotes and other supporting documentation to Page 130 of 178 Page 131 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1031 FROM: John Thomas, Public Works Director SUBJECT: The Director of Public Works, John Thomas, is requesting approval for the procurement of the three (3) year Elevator Maintenance Agreement. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To approve this request for the procurement of the three (3) year Elevator Maintenance Agreement for an annual amount of $8,100.00. This will be procured through the Sourcewell Purchasing Cooperative Contract (Contract #050224) with TK Elevator and therefore does not have to be let out for bid. BACKGROUND INFORMATION: The Director of Public Works, John Thomas, is requesting approval for the procurement of the three (3) year Elevator Maintenance Agreement. The cost for the maintenance agreement from the Sourcewell Purchasing Cooperative will include the following elevator locations: Fairhope Museum 24 N. Section Street Fairhope Recreation Center 803 N. Greeno Road Fairhope Library 601 Fairhope Avenue Fairhope Parking Garage 23 N. Section Street This will be procured through the Sourcewell Purchasing Cooperative Contract (Contract #050224) with TK Elevator and therefore does not have to be let out for bid. The cost of this contract is Six Hundred Seventy-Five Dollars ($675.00) per month or Eight Thousand One Hundred Dollars ($8,100.00) per year. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 132 of 178 Budget 001250- 50360 Rec Center - Maintenance $1,860.00 $1,860.00 $0.00 001270- 50360 Museum - Maintenance $1,200.00 $1,200.00 $0.00 001750- 50375 Library Bldg Maint/Equipment $1,920.00 $1,920.00 $0.00 001750- 50377 Parking Garage Maintenance $3,120.00 $3,120.00 $0.00 Three-year agreement with an annual cost of $8,100.00. Future expense to be budgeted in future fiscal years. GRANT: N/A LEGAL IMPACT: The City Attorney is reviewing the contract terms and conditions. FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 133 of 178 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of a three (3) year maintenance agreement that is on Sourcewell Purchasing Cooperative (Contract #050224) with TK Elevator; and therefore does not have to be let out for bid. The total annual amount is $8,100.00. ADOPTED ON THIS 13TH DAY OF JULY, 2026 ___________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 134 of 178 Sourcewell Maintenance Agreement - #050224 for the Protection of Vertical Transportation Equipment A. THIS AGREEMENT (hereinafter "Agreement") made and entered into on July 26th, 2026 by and between City of Fairhope having an address of PO DRAWER 429 Fairhope, AL 36533-0429 hereinafter referred to as "Purchaser"), and, TK Elevator Corporation, a Delaware corporation, having an address of 3100 Interstate n Circle SE Atlanta, GA 30339 (hereinafter referred to as "Contractor"). In consideration of the mutual covenants contained herein, Contractor agrees to perform the services described herein and Purchaser or its members agree to pay the amounts described herein, all on the terms and conditions set forth in this Agreement. WHEREAS, B. The Purchaser is engaged either as a real property owner or manager (or as a part in joint ventures or consortiums to that effect); and C. The Service Provider is engaged in the business of servicing and repairing elevators, escalators and other vertical transportation equipment. NOW THEREFORE, the Parties hereto agree as follows: 1. BACKGROUND The Purchaser and the Service Provider desire to enter into this Agreement as a long term commitment for the maintenance and repair of Purchaser's vertical transportation equipment as further described in this Agreement. Under the Agreement the Purchaser may issue written requests to the Service Provider to provide certain vertical transportation maintenance services at locations controlled by Purchaser. The Agreement is to provide an umbrella for those location-specific written requests for vertical transportation maintenance services issued by the Purchaser. 2. GOVERNING DOCUMENTS The following documents form and are an integral part of this Agreement and are to be taken as mutually explanatory of one another. In the case of any ambiguity or discrepancy between the documents forming the Agreement, then the priority of the documents will be in the order as listed below, unless otherwise agreed in writing between the parties: (a) Each individual location requirement (as specified at the time of ordering by the Purchaser). An Location requirement shall be considered "Accepted" if it is fully executed by a duly authorized representative of both the Purchaser and the Service Provider and provided to the Service Provider; (b) This Agreement; (c) Any other document mutually agreed and signed by the parties, forming part of this Agreement. 3. PERFORMANCE Service Provider will provide the services and/or scope of work applicable to all vertical transportation equipment described on any fully executed and properly delivered Agreement (the "equipment") on the terms and conditions set forth in this Agreement (the "Services"). The term "Property" hereinafter will refer to the real property of the Purchaser on which the equipment is located. Service Provider will use trained Page 135 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 2 of 14 personnel directly employed and supervised by Service Provider or sub-contractors. They will be qualified to keep Purchaser's equipment properly adjusted, and they will use all reasonable care to maintain that equipment in proper operating condition. Service Provider will regularly and systematically examine, adjust and lubricate as required, and, in Service Provider's sole opinion, if conditions warrant, Service Provider will repair or replace all equipment parts and devices not specifically excluded by this Agreement. The Services shall be performed in a diligent and first class manner, with quality supplies, materials, equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance, interference, or disruption to tenants or other occupants of the Property and their invitees. Upon completion of the Services, Service Provider shall restore the Property to its original condition and shall leave the Property clean and free of all tools, equipment, waste materials and rubbish. Service Provider will service Purchaser's equipment and its component parts in their present condition with the understanding that Service Provider shall neither be required nor obligated to service, make renewals or repairs upon the equipment by reason of negligence, obsolescence, misuse of the equipment, loss of power, blown fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls or by any other reason or any other cause beyond Service Provider's control, except ordinary wear and tear from the commencement date of this agreement. With the passage of time, equipment technology and designs will change. If any part or component of any equipment described in a NFA cannot, in Service Provider's sole opinion, be safely repaired and is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete. Purchaser will be responsible for all charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment is functionally compatible with that replacement part or component. In addition, Service Provider will not be required to make any changes or recommendations in the existing design or function of the unit(s) nor will Service Provider be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, governmental agencies or authorities, or any other third party. Any work not specifically covered under this agreement shall be at Purchaser's sole expense. The Service Provider may propose changes to the Services by informing the Purchaser in writing. To be binding, such changes must be approved by authorized representatives of both parties in writing. The Parties may also, at any time, agree to add new Services at agreed prices to be covered by this Agreement. To be binding, such additions must be approved by corresponding authorized representatives of both parties in writing. Pledge of Purchaser Satisfaction 3.1 In the event that Purchaser elects to undertake an audit of the service provided under this Agreement and any Location(s) Agreement, such audit must be announced in writing at least ten (10) working days in advance. If any non-compliance is identified in writing to the Service Provider at the address set forth in this Agreement, whether pursuant to an audit or under any other circumstances, the Service Provider will begin to take appropriate measures to remedy such non-compliance within thirty (30) days thereafter. 3.2 The Purchaser and the Service Provider shall appoint appropriate personnel to meet regularly at local and global levels and at such intervals as is deemed necessary to enable the parties to discuss and review the performance of both parties of their respective obligations under this Agreement. The reviews will take place in order to: a) Monitor the effectiveness and efficiency with which this Agreement is being implemented; b) Agree to mutual objectives and timescales; c) Assess the overall performance of this Agreement by each party; d) Review business implications, targets and risks; Page 136 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 3 of 14 e) Review whether this Agreement is being conducted in the spirit it was intended; and f) Assess, under this review process, the need to amend or update the performance criteria included in this Agreement. 4. INDEPENDENT CONTRACTOR RELATIONSHIP: Service Provider shall assume all duties under this Agreement as an independent contractor, and shall not be deemed for any purpose to be an agent, servant, or representative of Purchaser. Purchaser shall have no direct control of Service Provider, its agents, or subcontractors in the performance of the work hereunder. Nothing contained herein shall be construed to be inconsistent with such independent contractor relationship. 5. BY HIGHLY-TRAINEDSERVICEPROVIDER PROFESSIONALS: Service Provider employs and supervises elevator technicians who are among the most trusted in the industry and who will provide all maintenance courteously and dependably. Service Provider's elevator technicians receive ongoing training in general equipment development as well as advancements made to Purchaser's specific equipment. 6. ASSURANCE OF SERVICEPROVIDER'SSTANDARD OF QUALITY: To help increase elevator performance and decrease downtime, Service Provider's technicians utilize the latest industry methods and technology available to Service Provider for Purchaser's specific brand of equipment. They will be equipped with the tools, documentation and knowledge to troubleshoot Purchaser's unique system. Behind Service Provider's technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a family of engineers and field support experts. Service Provider's International Technical Support facility in Texas continuously researches advancements in the industry and in Purchaser's equipment. 7. EXTENT OF COVERAGE: Service Provider will perform the following Services with respect to any equipment described on any fully executed location requirement: 7.1 TRACTION ELEVATORS: Service Provider agrees to and shall maintain the traction elevator equipment described on any Location Agreements on the following terms and conditions: 7.1.1 Service Provider will use trained employees directly employed and supervised by Service Provider. Such employees shall be qualified to keep the Equipment properly adjusted, and Service Provider will use all reasonable care to maintain the Equipment in proper and safe operating condition. 7.1.2 Service Provider will regularly and systematically examine, adjust, clean and lubricate the following as required, and if conditions warrant, repair or replace the same: 7.l.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings, brake pulley and brake coil, contact linings and component parts; Page 137 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 4 of 14 7.l.2b Motor and motor generator, motor windings, rotating element, commutator, brushes, brush holders and bearings; 7.l.2c Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers, and all control components; 7.l.2d Controller, selector and dispatching equipment, leveling devices and cams, all relays, solid state components, resistors, condensers, transformers, contacts, leads, dash pots, timing devices, computer and micro computer devices, steel selector cable or tape, and mechanical and electrical driving equipment; 7.l.2e Governor, governor sheave and shaft assembly, bearings, contacts, and governor jaws; 7.l.2f Deflector or secondary sheave, bearings, car and counterweight guide rails, top and bottom limit switches, governor tension sheave assembly, compensating sheaves assembly, counterweight and counterweight guide shoes including rollers or gibs; 7.l.2g Hoistway door interlocks and hangers, bottom door guides and auxiliary door closing devices and all fastening devices and associated reinforcement in attached components; 7.1.2.h Hoistway entrance door sill areas beyond the entrance frame opening; will be cleaned. 7.l.2i Automatic power operated door operator, car door hanger, car door contact, door protective device, car ventilation system platform, load weighing equipment, car safety mechanism, elevator car guide shoes, gibs or roller; 7.1.3 Service Provider shall maintain the individual minimum performance standards defined below: 7.l.3a "Start to Stop Time" as measured from the moment the car begins motion till the time it stops for a single floor run. 7.l.3b "Door Open Time" as measured from the fully closed door position to a fully open stopped position. 7.l.3c "Door Close Time" as measured from the fully open door position to a fully closed stopped position. Door closing pressure shall not exceed 30 lbs. 7.l.3d "Leveling Accuracy" as measured from car sill to landing sill at a fully stopped position under all load conditions. 7.l.3e "Rated Speed" as the same shall be that noted and shall not vary by more than 5% regardless of direction or load. 7.1.4 Service Provider shall maintain the Rated Speed in feet per minute, the original performance time, including acceleration and retardation as designed and installed by the manufacturer and perform the necessary adjustments as required to maintain the original Door Open Time and Door Close Time, within limits of applicable codes, or to adjust and maintain revised Door Open Time and/or door close Time upon direction of Purchaser. Page 138 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 5 of 14 7.1.5 Service Provider shall maintain smooth ride quality, smooth acceleration and deceleration and comfortable stop. 7.1.6. Service Provider shall maintain positive and quiet door operation with rapid and smooth checking at limits of travel. Service Provider shall annually, check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted and that the system performs as designed and installed by the manufacturer or to adjust and maintain revised settings upon direction of Purchaser. 7.1.7 Service Provider shall examine periodically all safety devices and governors and conduct an annual no-load test. 7.1.8 Service Provider shall calibrate load-weighing devices to Purchaser's selected settings, after annual and, as applicable, five-year safety tests are conducted. 7.1.9 Service Provider shall renew all wire ropes as often as isnecessary to maintain an adequate factor of safety; equalize the tension on all hoist and compensation ropes, lubricate ropes appropriately and when necessary remove all residue and accumulated deposits from the rope surface and shorten ropes and chains as required to provide legal and reasonable bottom clearances. 7.1.10 Service Provider shall repair or replace conductor cables and hoistway and machine room elevator wiring in such a way as to maintain the percentage of spare conductors present at the acceptance of the location requirement. In no case shall the number of spare conductors be less than 5%. 7.1.11 Service Provider shall furnish lubricants compounded to the manufacturer's rigid specifications. 7.1.12 Service Provider shall make other safety tests recommended or directed by all applicable governmental authorities in force at the time of the acceptance of the Agreement. Service Provider shall not be required to install new attachments on the elevators recommended or directed by insurance companies, or by governmental authorities, nor to make replacements with parts of a different design recommended or directed by insurance companies, or by governmental authorities. 7.1.13 Service Provider shall coordinate all testing requiring an independent witness or inspector with the Purchaser's appointed representative. 7.1.14 Service Provider shall not be required to make renewals or repairs necessitated by reason of Purchaser's negligence or Purchaser's misuse of the Equipment or by reason of any other cause beyond Service Provider's reasonable control except ordinary wear and tear. 7.1.15 Service Provider shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment: 7.l.15a All handicap devices; 7.l.15b All elevator related earthquake devices if applicable 7.1.16 Service Provider shall have no responsibility for the following items of Equipment, which are not included: 7.1.16a the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power Page 139 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 6 of 14 switches, breaker, feeders to controller, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this Agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2 HYDRAULIC ELEVATORS: Service Provider agrees to and shall maintain the hydraulic elevator equipment described on any fully executed Location Agreements under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the same are applicable to hydraulic elevators, with the following additions: 7.2.1 Service Provider shall have no responsibility for the following items of Equipment in addition to those listed in provision 7.l.16a above: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, hydraulic elevator jack, hydraulic elevator outer casing, any type of underground piping or other material, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2.2 Filters, mufflers and muffler components are included. 7.2.3 Service Provider shall periodically examine all safety devices and conduct pressure tests and other tests required by ANSI Al 7.1 or other applicable codes. 7.2.4 Service Provider shall periodically conduct an inspection of hydraulic fluid to detect contaminants and assure proper viscosity, make necessary corrections and replace fluid as required and furnish hydraulic fluid compounded to the manufacturer's rigid specifications. 7.2.5 Service Provider shall clean excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors. 7.3 ESCALATORS: Service Provider agrees to and shall maintain the escalator equipment described on any Location Agreements under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the same are applicable to escalators, with the following additions: 7.3.1. Controller, all relays, contacts, coils, resistance for operating and motor circuits, operating transformers and operating rectifier; 7.3.2 Handrail, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step tread, step wheels, step chains, step axle bushings, comb plates, floor plates and tracks; 7.3.3 Upper drive, upper drive bearings, tension sprocket bearings, upper newel bearings, lower newel bearings; 7.3.4 All balustrade fastenings, deck and trim fastenings (screws, clips, etc.); 7.3.5 Skirt panels and panel finishes; 7.3.6 Escalator under-step lighting and balustrade panel and skirt lighting; 7.3.7 Upper and lower pit equipment spaces, pit lights, trusses and inclined truss pans. Page 140 of 178 Sourcewell Maintenance Agreement-·TK Elevator Americas Page 7 of 14 7.3.8 Service Provider shall examine periodically (at intervals not longer than six months) all normal operating devices and equipment in accordance with ANSI A17.1, Section 1007 and conduct annual inspections and tests of all safety devices, brakes, step up thrust devices and governors in accordance with ANSI A17.l, Section 1008. If required, the governor will be calibrated and sealed for proper tripping speed. 7.3.9 Service Provider shall have no responsibility for the balustrade finishes, deck and trim finishes, wedge guards and exterior truss enclosures. 8. PARTS INVENTORY Service Provider maintains a comprehensive parts inventory to support its field operations. Replacement parts are stored throughout North America in Service Provider's facilities and are normally available as necessary. Most specialized parts are available within 24 hours, seven days a week. All replacement parts used in Purchaser's vertical transportation equipment will be new or refurbished to meet the quality standards of Service Provider. 9. TESTING Service Provider will, at its discretion and expense, perform governor and safety tests on traction elevators or annual relief pressure tests on hydraulic elevators per local and State codes. Service Provider assumes no responsibility for the operations of the governor or safety on traction elevators, or the hydraulic system on hydraulic elevators, under the terms of this Agreement until all applicable and governmentally-mandated tests have been made. Should the systems not meet applicable safety code requirements, it shall be the responsibility of the Purchaser, at its sole cost, to make necessary repairs and to place the equipment in a condition, which will be acceptable for coverage under the terms of this Agreement. Service Provider shall not be liable for damage to the building structure or the elevator resulting from any testing of any type or kind at any time. 10. COMPLIANCE WITH LAWS: The rights and duties arising under this Agreement shall be governed by the laws of the State in which the Property is located. In performing the Services required under this Agreement, Service Provider shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations. In the event that any portion of this Agreement is determined to be against public policy or statute, then all other provisions shall remain in full force and effect. 11. TERM: Service under the terms and conditions of this Agreement shall be for an initial non-cancelable period of ( 3 ) years commencing on the date specified in the fully executed Location(s) Agreement and shall automatically be renewed for successive 3 periods thereafter, unless either party timely serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of the initial ( 3 ) year period, or ninety (90) days before the end of any subsequent ( 3 )year renewal period. Time is of the essence. The term (length of contract) of maintenance agreements signed under the Sourcewell Contract may exceed the term of the Sourcewell Agreement. The terms and conditions of the Sourcewell Agreement in effect at the date the maintenance agreement is signed will remain in effect for the duration of members' local maintenance agreement. Maintenance Agreements can be as long as the Sourcewell members request provided they are in accordance with local laws and regulations. 12. AFTER HOURS WORK Page 141 of 178 Sourcewell Maintenance Agreement-·TK Elevator Americas Page 8 of 14 All Services are to be provided during Service Provider's regular working hours of its regular working days unless otherwise specified below. For specified locations marked as "Gold" within the Exhibit "A", any overtime work requested by the Purchaser, Purchaser agrees to pay us overtime labor at our normal billing rates, including travel time, travel expenses, and time spent on the property. For specified locations marked as "Bronze" within the Exhibit "A", all repair and/or replacements are excluded. All such work under the Bronze Agreement is subject of separate billing. For all business hours and overtime calls, Contractor will include our services at an additional cost. We will furnish the necessary lubricants (other than hydraulic fluid) and cleaning materials at no additional charge. Special Considerations TK Elevator does not accept responsibility to test, maintain, repair, or replace any inverted, twin-post, or telescopic jacks, valves, and/or motors under the coverage of this maintenance agreement and they are specifically excluded from these terms and conditions. Any required repair or replacement of this equipment will be billed to Purchaser at TK Elevator's current "time and material" billing rates. 13. PRICING: (Please See Exhibit A) The Price of Service Provider's service as herein stated shall be specifically set forth on any fully executed Location Agreement(s), payable as agreed upon between the Service Provider and the Purchaser. Those prices are net of all taxes, duties and other levies. Those prices are valid for a period of one (1) year, commencing on the effective date of each respective Location(s) Agreement. Each such period of one year (365 consecutive days) shall be called a "Fixed Price Period". Since Service Provider's costs to provide Purchaser with the Services may increase, the Service Provider shall review and adjust the Monthly Payment Amount for each Location Agreement(s) at the end of each twelve (12) month period. Eighty percent (80%) of the Agreement price for each Location Agreement(s) shall be adjusted to reflect any increase in labor costs based on the straight time rate of elevator mechanics in the local area where the Property is located. The remaining twenty percent (20%) shall be adjusted to reflect any increase in material costs based on the Producer Price Index for Metals and Metal Products as published by the United States Department of Commerce, Bureau of Labor Statistics. However, in no event shall the total price escalations at the end of each twelve (12) month period be no more than four percent (4%) in any subsequent one (1) year period. Service Provider shall provide thirty (30) days advance written notice to Purchaser of all price adjustments referenced in this paragraph. Should equipment covered by any Location Agreement be modified by the Purchaser during the pendency of any Location Agreement the parties will endeavor to reach a written agreement on a modified price for the Services applicable to that equipment. Should those parties fail to reach a written agreement on a modified price then that equipment will be removed from the applicable Location Agreement and the applicable Purchaser shall remain financially responsible to the Service Provider for the Service Provider's lost profits associated with the Services originally designated for that piece of equipment at the original, agreed-to price for the remaining term of the applicable Location Agreement. The price is subject to increase in the event the existing equipment is modified from its present state. A service charge of 1 ½% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. Time is of the essence. 14. INSURANCEREQUIREMENTS: Page 142 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 9 of 14 At its sole expense, Service Provider shall carry and maintain throughout the term of any fully executed Location Agreement the insurance described below. The all risk and liabilities policies must each contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to Purchaser. Before the commencement of the Services, Service Provider shall submit to Purchaser a Certificate of Insurance showing that all insurance requirements have been met. If any policy expires during the term of any fully executed Location Agreement(s), it shall automatically be renewed and a new Certificate of Insurance shall be sent immediately to Purchaser. Workers' Compensation Statutory Limits Employer's Liability $1,000,000 each accident $1,000,000 policy limit-disease $1,000,000 disease-each employee General Liability This shall include all major divisions of coverage and be on a commercial occurrence form. It shall include premises operations, products and completed operations, contractual, and personal injury. Limits Primary: $2,000,000 each occurrence - Bl & PD $2,000,000 general aggregate $2,000,000 personal injury & adv. Injury Automobile Liability and Property Damage Thisshall be on an occurrence basis with a combined single limit of $2,000,000. It shall include all automobiles owned, leased, hired or non-owned. 15. PURCHASER RESPONSIBLITIES: Product Information. Purchaser agrees to provide Service Provider with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement. Purchaser agrees to authorize Service Provider to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back up of the software embodied therein. These items will remain Purchaser's property. Safety. Purchaser agrees to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. Purchaser agrees to report immediately any condition that may indicate the need for correction before the next regular examination. Purchaser agrees to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notifying Service Provider at the address and phone number listed on any fully executed Location(s) Agreement at once, and written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser agrees to provide Service Provider's personnel a safe place in which to work. Service Provider reserves the right to discontinue work in the building whenever, in Service Provider's sole opinion, Service Provider's personnel do not have a safe place in which to work. Purchaser agrees to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of S0°Fminimum to 90°Fmaximum. Purchaser also agrees to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, Purchaser will contract with others for removal and the proper handling of such liquids. Page 143 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 10 of 14 Other. Purchaser agrees not to permit others to make alterations, additions, adjustment, or repairs or replace any component or part of equipment during the term of any fully executed Location(s) Agreement. Purchaser agrees to accept Service Provider's judgment as to the means and methods to be employed for any corrective work under this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described in any fully executed Location(s) Agreement, or the premises in which they are located, Purchaser agrees to see that such successor is made aware of that Location(s) Agreement and assumes and agrees to be bound by the terms of those documents for the balance of the Location(s) Agreement, and subject to termination herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the Location(s) Agreement. Items Not Covered. Service Provider does not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, intercommunication devices, security systems not installed by Service Provider, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this Agreement. 16. EXCLUSIVITY This Agreement is an exclusive frame agreement, which means that the Purchaser only undertakes to buy the Services, or parts thereof, from the Service Provider from the date that this Agreement is fully executed. 17. EXCUSABLE DELAYS The Service Provider shall not be liable for delay in performing or for failure to perform its obligations under this Agreement or any location requirement if such delay or failure results from any of the following causes: (i) Acts of God, (ii) the act of any government or authority (including the denial or cancellation of any export license or other necessary license), (iii) the outbreak of wars, terrorism, insurrections, (iv) fire, explosion, flood (v) and strike, lock-out or other industrial action which is beyond the Service Provider's control or (vi) any other cause of any nature which is beyond the applicable Service Provider's control. 18. TERMINATION AND REMEDIES 18.1 The Service Provider has the right (but not the obligation) to terminate this Agreement or any location Agreement with 30 day's prior written notice in case of the Purchaser's failure to comply with any terms of this Agreements or any Location Agreement. Termination of a Location(s) Agreement shall not have effect on other existing Locations associated with this Agreement, which shall be completed in accordance with these terms and conditions. If such failure is remedied within the said 30 days period, this right to terminate shall expire. 18.2 The provisions of this Agreement, and the right and remedies of a party in the event of the other party's breach under this Agreement (including the breach of any warranty) are cumulative and are without prejudice to all other rights and remedies available to it and may have at law or otherwise; no exercise by a party of any one right or remedy under this Agreement, or at law or otherwise, shall operate so as to hinder or prevent the exercise of any other such right or remedy. However, in no event shall one party to this Agreement be liable to the other party for any indirect or consequential loss or damage, including but not Page 144 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 11 of 14 limited to loss of profit, loss of production, loss of interest or otherwise, which may be suffered by the other party in connection with the entering into or operation of this Agreement. 19. ASSIGNMENT Purchaser may not assign, transfer, novate, sub-contract or otherwise dispose of any of its rights and obligations under this Agreement without the prior written consent of the Service Provider. Notwithstanding the above, Service Provider may without the consent of the Purchaser; use subcontractors for the performance of any Services purchased by the Purchaser under this Agreement or a local agreement. The use of subcontractors to provide Services shall in no way relieve the Service Provider of its responsibilities and obligations towards the Purchaser under this Agreement or a local agreement. 20. HEALTH & SAFETY, ENVIRONMENTAL AND QUALITY The Service Provider and the Purchaser shall work towards the prevention of accidents aiming for zero accidents and the creation of a safer work environment. 21. ETHICAL COMMITMENT The Service Provider has an extensive corporate compliance program and its employees are expected to maintain the highest level of ethical and legal conduct at all times during the term of the Agreement and expects the Purchaser to act in a like manner. Should the Purchaser suspect that the Service Provider or its employees have engaged in any illegal or unethical conduct, such suspicions must be reported through the Service Provider's toll-free compliance hotline at 1-866-572-1739. 22. MISCELLANEOUS 22.1 The headings in this Agreement shall not affect its interpretation. 22.2 Throughout this Agreement, whenever required by context, the use of the singular number shall be construed to include the plural, and the use of the singular number shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders. 22.3 Should any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected. 22.4 The waiver or forbearance or failure of a party in insisting in any one or more instances upon the performance of any provision of this Agreement shall not be construed as a waiver or relinquishment of that party's right to future performance of such provision and the other party's obligations in respect of such future performance shall continue in full force and effect. 22.5 In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this Agreement or to collect any monies due thereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. Page 145 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 12 of 14 22.6 Purchaser hereby waives trial by jury and agrees that this Agreement and any applicable Location(s) Agreement shall be construed and enforced in accordance with the laws of the state where the equipment described on the applicable Location(s) Agreement is located. Purchaser further agrees to jurisdiction of the courts, both state and Federal, of the state in which the equipment set forth on the applicable Location(s) Agreement is located as to all matters and disputes arising out of this that Location(s) Agreement. 22.7 The liability of the Service Provider under this Agreement shall not exceed the value of the Services remaining on the then current and unexpired term of the applicable Location(s) Agreement. 22.8 This Agreement supersedes all prior oral or written agreement between the Service Provider and the Purchaser and constitutes the entire agreement between the parties with respect to the services and work performed hereunder. 23 NOTICES: Every notice or other communication to be given by either party to the other with respect to this Agreement(s), shall be given by personal delivery, by facsimile or by United States registered or certified mail postage prepaid, return receipt requested, addressed as hereinafter provided. Except as otherwise specified herein, the time period in which a response to any notice or other communication must be made, if any, shall commence to run on the earliest to occur of (a) if by personal delivery, the date of receipt, or attempted delivery, if such communication is refused; (b) if given by telecopy, the date on which such telecopy is transmitted and confirmation of delivery, or attempted delivery, thereof is received; and (c) if sent by mail (as aforesaid), the date of receipt or delivery is refused. Until further notice, notices and other communications under this Agreement shall be addressed to the parties at: FILL IN THE CONTACT INFORMATION FOR USA OPERATIONS FOR PURCHASER HERE TK Elevator Corporation 3100 Interstate N Circle SE Suite 500 Atlanta, GA 30339 Attn: International Account Contract Administrator This Agreement has been prepared in duplicate, of which each party has received a copy. TK Elevator: Opportunity ID: ACCEPTED: City of Fairhope TK ELEVATOR CORP. BY: BY: Signature of Authorized Individual TITLE: TITLE: DATE: DATE: Page 146 of 178 Sourcewell Maintenance Agreement-· TK Elevator Americas Page 13 of 14 Exhibit "A" Property list/Location Contract Type and Price Location Name: City of Fairhope Location Address: Various u ng ame ress qu pmen ype c name ega Serial ops =a r ope useum ec on y rau c 66 - FAIRHOPE REC CENTE N Greeno y rau c 9 246552 Fairhope Lib ary ::i01Fairhope Ave y rau c 1 ALE33187 EV9239 Fairhope Pa king Ga age 3 N Section St Hydraulic ONLYj ALE0337 4 N/ 4 Unit Count: 4 Unit Type: Hydraulic/Lift Contract Type: Blended (GOLD/BRONZE) Billing Frequency: Quarterly Contract Price: $675.00 per month -Fairhope Museum = $100 -Fairhope Rec Center = $155 -Fairhope Library = $160 -Fairhope Garage $260 Page 147 of 178 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational -Budgeted Three Treasurer/Mayor Greater than: Gen Govt - $5,001 NON Required Required N/A N/A N/A N/A Required Required Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. Check any applicable boxes: ☐ State Contract ☐ ALDOT ☒ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) 1. What item or service do you need to purchase? Elevator maintenance 2. What is the total cost of the item or service? $8100.00 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): TK Elevator 6. Vendor Number: 24157 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? $8100 annually 3. Budget code: 001270-50360 - 001250-50360 - 001750-50375 - 001750-50377 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 148 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1019 FROM: Chris Ellis, Fire Chief SUBJECT: The Fire Chief, Chris Ellis, and the Fire Maintenance Supervisor, John Saraceno, have requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for Fire Extinguisher Inspection Services on an Annual Contract. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To reject all bids received with the original Bid No. 26-040 to procure services for Fire Extinguisher Inspection Services Annual Contract due to only receiving one (1) responsive bid, and allow the re-bid of Fire Extinguisher Inspection Services Annual Contract under Code of Alabama 1975, Section 41-16-57(d). BACKGROUND INFORMATION: An Invitation to Bid was issued on May 29, 2026, posted to the City of Fairhope's website, and advertised in Gulf Coast Media. One (1) responsive bid and one (1) non- responsible bid were received at the bid opening on June 16, 2026 at 9:00 a.m. The recommendation by the Fire Chief and the Fire Maintenance Supervisor is to reject all bids due to only receiving one (1) responsive proposal, and authorize the re-bid of the contract under Code of Alabama 1975, Section 41-16-57(d). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: N/A LEGAL IMPACT: N/A Page 149 of 178 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 150 of 178 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council to reject all bids (Bid No. 26-040) to Procure Services for Fire Extinguisher Inspection Services Annual Contract; and authorize the re-bid of the annual contract under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 13TH DAY OF JULY, 2026 ____________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 151 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1032 FROM: Jeff Montgomery, IT Director SUBJECT: The Director of IT, Jeff Montgomery, is requesting approval for the procurement of an annual contract for Managed Print Services (MPS). AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: To approve the procurement of an annual contract for Managed Print Services (MPS) that is on Equalis Group Master Agreement (Contract #R10-1169C) with Xerox Business Solutions and therefore does not have to be let out for bid. The total monthly amount not-to-exceed is $1,422.83, or $17,073.96 per year. BACKGROUND INFORMATION: The Director of IT, Jeff Montgomery, is requesting approval for the procurement of an annual contract for Managed Print Services (MPS). This contract will provide service, supplies, and support for the City's citywide printer/copier fleet (57 devices). A Request for Quotes was sent to three (3) qualified providers and Xerox Business Solutions submitted the lowest price of One Thousand Four Hundred Twenty-Two Dollars and Eighty-Three Cents ($1,422.83) per month, or Seventeen Thousand Seventy-Three Dollars and Ninety-Six Cents ($17,073.96) per year. This contract is on Equalis Group Master Agreement (Contract #R10-1169C) with Xerox Business Solutions and therefore does not have to be let out for bid. The use of the Equalis Group cooperative contract has been approved by the State of Alabama Chief Examiner (attached). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Various- 50325 Dept - Printers/Copiers Expense $17,073.96 $17,073.96 $0.00 Page 152 of 178 GRANT: N/A LEGAL IMPACT: The City Attorney is reviewing the contract terms and conditions. FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 153 of 178 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of an annual contract for Managed Print Services (MPS) that is on Equalis Group Master Agreement (Contract #R10-1169C) with Xerox Business Solutions and therefore does not have to be let out for bid. The total monthly amount not-to-exceed is $1,422.83, or $17,073.96 per year. ADOPTED ON THIS 13TH DAY OF JULY, 2026 ___________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 154 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 1 of 10 Xerox Business Solutions, LLC (“Company”) CUSTOMER SALES & SERVICE AGREEMENT BILL TO CUSTOMER NAME CUSTOMER NAME CITY OF FAIRHOPE CITY OF FAIRHOPE ADDRESS ADDRESS P O DRAWER 429 P O DRAWER 429 CITY, STATE ZIP CITY, STATE ZIP FAIRHOPE, AL 36533-0429 FAIRHOPE, AL 36533-0429 PRIMARY CONTACT PERSON PRIMARY PHONE NUMBER PRIMARY EMAIL BILL TO CONTACT PERSON BILL TO PHONE NUMBER BILL TO EMAIL Jeff Montgomery 2519900199 jeff.montgomery@fairhopea l.gov Jeff Montgomery 2519900199 jeff.montgomery@fairhopeal. gov SALESPERSON CUSTOMER PURCHASE ORDER #COMPANY REFERENCE #SERVICE CONTRACT MPS CONTRACT New Nathan Ranew 20464234 CONTRACT #CONTRACT # MONTHLY SERVICE PAYMENT MONTHLY MPS PAYMENT N/A $1,422.83 TERMS OF PAYMENT: NET THIRTY (30) DAYS FOR CASH SALE AND ALL OTHER INVOICES NET THIRTY (30) DAYS FROM DATE OF INVOICE PRODUCTS QTY MODEL/PRODUCT #LOCATION DESCRIPTION TOTAL PRICE SEE PRODUCT SCHEDULE (SCHEDULE A) SUBTOTAL SEE PRODUCT SCHEDULE (SCHEDULE A) SEE TRADE-IN EQUIPMENT / LEASE RETURN FORM SPECIAL SERVICES FEES $0.00 NOTE / ADJUSTMENT DETAILS OTHER ADJUSTMENTS $0.00 CONTRACT TYPE EFFECTIVE DATES TRANSACTION TYPE CASH SALE RENTAL TERM IN MONTHS 12 Months LEASE MAINTENANCE ONLY PROPOSED START DATE Actual start date based on delivery or lease commencement. CONTRACT TERMS NOTES SERVICE MPS All parts, labor, drums and supplies; excluding paper and staples All parts and labor, including drums; excluding supplies, paper, and staples Remote Solve Opt-Out Includes other (indicate) CONTRACT POOLS SERVICE MPS POOL MONTHLY VOLUME OVG. RATE MONTHLY PAYMENT BASE FRQNCY OVG. FRQNCY FLAT RATE POOLS POOL QUANTITY MONTHLY PAYMENT BASE FRQNCY B&W: MPS Flat Rate Pool #1 23 Included in MPS Payment Monthly Color: MPS Flat Rate Pool #1 34 Included in MPS Payment Monthly REMOTE SERVICE TECHNOLOGY XDA (Monitoring Only): 57 Devices Covered PRIMARY METER CONTACT TECHNOLOGY CONTACT PERSON TECH PHONE #TECH EMAIL METER CONTACT PERSON METER PHONE #METER EMAIL Jeff Montgomery 2519900199 jeff.montgomery@fairho peal.gov Jeff Montgomery 2519900199 jeff.montgomery@fairh opeal.gov Company will install an app to automatically collect device meters for contract billing and automated supply replenishment. Company will charge a fee per machine per overage billing cycle should customer decline meter and supply technology app installation. QTY MODEL / PRODUCT #SOFTWARE & DESCRIPTION SEE SOW FOR DETAILS TOTAL PRICE SEE PRODUCT SCHEDULE (SCHEDULE A) CUSTOMER ACCEPTANCE By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer. Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set forth the entire agreement between parties. AUTHORIZED CUSTOMER SIGNATURE: **signature**TITLE:**title** SIGNER’S NAME (PRINTED):**fullname**DATE:**datesigned** COMPANY SALES:**signature2**DATE:**datesigned2** Page 155 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 2 of 10 Sales & Service Terms and Conditions 1. Definitions. The first page of this Sales & Service Agreement is referred to herein as the “Cover Page.” The Cover Page, these Terms and Conditions, any Schedules (e.g., a Product Schedule), Statements of Work (“SOW”), and/or any other attachments referenced on the Cover Page or attached hereto and incorporated herein represent the agreement (the “Agreement”) between Company and the Customer (“Parties”) as identified on the Cover Page of this Agreement, with respect to the acquisition of those Products and/or Services. “Products” shall mean the equipment (“Equipment”) and any Software (“Application Software”) identified on the Cover Page and/or on a Product Schedule. 2. Scope. This Agreement may be executed for: a) A SALE of Products. If a SALE, Company hereby offers to sell/license and Customer hereby accepts to purchase/license those Products in the quantity and for the price indicated on the Cover Page (and/or Product Schedule). Title to the Equipment will transfer to Customer upon delivery; b) A LEASE of Products. If a LEASE, Customer will execute a separate lease agreement which will fund the purchase/license of the Products in the quantity indicated on the Cover Page (and/or Product Schedule) for the benefit of Customer. The lease will be between (i) Customer and a third-party lessor or (ii) Customer and Company, which Company shall then assign to a third-party lessor (each a “Lessor”). Nothing herein shall alter, amend, or affect Customer’s or Lessor’s rights or obligations pursuant to such lease. Upon execution of a lease agreement between Customer and Lessor, Customer shall be responsible to Lessor to satisfy the terms and conditions of the lease; c) A RENTAL of Products. If a RENTAL, Company hereby offers to rent and Customer hereby accepts to pay for those Products in the quantity and for the price indicated on the Cover Page (and/or Product Schedule). Title will remain with Company throughout the Term as indicated on the Cover Page. Customer agrees to obtain adequate insurance coverage sufficient to cover the full replacement value of the rental equipment while in Customer’s possession, and to have Company named as the loss payee. Unless otherwise stated in the Cover Page, the rental is non-cancellable for the stated term; and/or d) An ACQUISITION OF SERVICES. Services may include those Services referenced in Section 4 of this Agreement and/or such additional Services outlined in one or more SOWs. 3. Delivery and Installation. Unless specified otherwise on the Cover Page, for any Sale, Lease, or Rental, Company shall deliver and install the Products at the location specified on the Cover Page and/or Product Schedule unless: (1) Customer has not made available at that address a suitable place of installation as specified by the Company; or (2) Customer has not made available suitable electrical service in accordance with the Underwriter’s Lab (“UL”) or manufacturer’s requirements. Risk of loss will transfer to the Customer upon delivery. Customer will be responsible for nonstandard delivery charges, and Company shall provide notice of any such nonstandard charges as promptly as reasonably possible. Relocation of Products to a location other than that specified on the Cover Page and/or Product Schedule requires Company’s consent and may result in fees or increased rates. 4. Services. This Agreement covers both the labor and materials for adjustments, repairs, and replacement of parts necessitated by normal use of the Equipment. Unless otherwise stated on the Cover Page, Services do not include the following: (a) repairs due to (i) misuse, neglect, or abuse (including, without limitation, improper voltage or use of supplies that do not conform to the manufacturers’ specifications), (ii) use of options, accessories, products, supplies not provided by Company; (iii) non-Company alterations, relocation, or service; and/or (iv) loss or damage resulting from accidents, fire, water, or theft; (b) maintenance requested outside Company’s normal business hours or as stated in this Agreement, (c) relocation, (d) software or connected hardware, (e) hard drive replacement, (f) MICR Toner for Laser Printers, and parts and labor for all non-laser printers, and/or (g) parts for Scanners. Company reserves the right, at its sole discretion, to replace Equipment with Equipment of similar or better conditions and features, rather than providing on-site Service support. Replacement parts may be new, reprocessed, or recovered. Supplies provided by Company are in accordance with the copy volumes set forth on the Cover Page and within the manufacturer’s stated yields, and do not include staples or paper. If we determine that you have used 15% more consumable supplies than normal (as determined by the manufacturer’s specifications) to produce pages/prints, you agree to pay us an amount from time to time which may be necessary to offset such increased usage. Supplies are to be used exclusively for the Equipment and remain Company property until consumed. Customer will return, or allow Company to retrieve, any unused supplies at the termination or expiration of this Agreement. Supplies will be shipped to Customer via shipping method selected by Company. Unless otherwise stated on the Cover Page, Customer will be billed for shipping costs per billing period or per shipment based on number of products. Additional fees may be charged for Services provided outside Company’s standard business hours or for computer/network issues and will be at Company hourly rates in effect at the time of such Services. Equipment may be supported and serviced using data that is automatically collected by Company from the Equipment via electronic transmission from the Equipment to a secure off-site location. Examples of automatically transmitted data include product registration, meter read, supply level, Equipment configuration and settings, software version, and problem/fault code data. All such data will be transmitted in a secure manner specified by Company. The automatic data transmission capability does not permit Company to read, view or download any Customer data, documents or other information residing on or passing through the Equipment or Customer's information management systems. Services may be delivered by Company’s Affiliates and/or Subcontractors, at Company’s sole discretion. Unless otherwise stated on the Cover Page, Company may charge and Customer shall pay a charge for each instance in which Customer declines Company’s use of remote technology to provide Services. Unless otherwise agreed to in writing, Customer remains solely responsible to secure any sensitive data and permanently delete such data from the internal media storage prior to removal of Equipment or termination of this Agreement. Company has no obligation to maintain Equipment beyond the “End of Service” for that particular model of Equipment. End of Service (“EOS”) means the date announced by manufacturer after which Company will no longer offer Services for a particular Equipment model. Company reserves the right to discontinue Service upon thirty days written notice for any Equipment for which parts and/or Supplies are no longer available or are not available on commercially reasonable terms. 5. Meter; Electric Services. Equipment is required to be connected to a remote transmission tool, which will periodically communicate meter reads as well as other device diagnostic data and upon which invoices will be based. If a remote transmission tool is not installed and otherwise upon request, you will provide us, by telephone, email, web submission, or fax with the actual meter readings three days prior to your due date. We may estimate the number of images used if such meter readings are not communicated to Company. The estimated charge for excess images shall be adjusted upon receipt of actual meter readings. If you do not maintain remote transmission, the Company reserves the right to charge you a per device fee for such affected Equipment due to the increased service visits that will be required in order to: (x) obtain such information, (y) provide such transmissions and (z) provide Services and Supplies that otherwise would have been provided remotely and/or proactively. If you fail to maintain connectivity with the remote transmission tool, the contract is subject to an unconnected device charge per machine per overage billing cycle. You agree to provide adequate space without charge for the Equipment, adequate electricity (including, if necessary, a dedicated 110 or 220- volt line), an electrical surge suppressor with a UL-1449 rating or better, and reasonable storage for supplies to be used with the Equipment. 6. Additions and Modifications. If, during the Term, Customer upgrades, modifies, or adds equipment that utilizes the same Supplies as the Equipment, Customer shall promptly notify Company. Company maintains the right to inspect any upgrades and modifications to Equipment and/or additional equipment and determine whether equipment is eligible for Services. If approved for Services and agreed by the Parties, the Agreement will be amended to include such changes, including pricing modifications. All networked devices must be connected to our remote transmission tool. Any devices not under contract will be added automatically to the account for the listed rate. If our monitoring software is not reporting, Customer must work with us to resolve the issue as soon as possible. 7. Term and Payment. Except as may otherwise be provided for herein, this Agreement is non-cancellable and shall remain in effect throughout the Term; and, unless notified in writing sixty (60) days prior to its expiration, this Agreement shall automatically renew for successive month-to-month terms, which either party may terminate by providing written notice thirty (30) days prior to the next renewal date. Company reserves the right to terminate Services upon thirty (30) days written notice. In the event the fees herein are included in Customer’s lease payment, for the duration of the lease, the Term shall run concurrently with the lease agreement and be subject to the renewal provisions provided for therein. The meter count at installation or, in the case of owned printers, at assessment, will be used for meter/overages calculations. Except as set forth on the Cover Page, Customer agrees to pay Company all amounts due within thirty (30) days of the date of Company’s invoice or, if the parties have agreed the third-party lessor will collect the Services fees due under this Agreement on behalf of Company, in accordance with the applicable lease agreement, and all other sums when due and payable. Except where the Cover Page denotes flat rate pricing, any Monthly Payment entitles Customer to Services and Supplies for a specific number and type (i.e. black & white, color, scan) of Prints/Copies as identified on the Cover Page and will be billed in advance, and Customer agrees to pay the Overage Rate for each Print/Copy that exceeds the applicable number and type of Prints/Copies provided in the Minimum Monthly Payment which amount shall be billed in arrears and is payable as indicated on the Cover Page. A Print/Copy is defined as standard 8.5”x11” copy, except where Equipment is designated on the Cover Page as having a Color Large impression pool (Color LG) and an Extra Long impression pool (XL IMP Color), in which case prints/copies are defined as follows: (a) Black Image: for sheet sizes up to 13"x19", each image calculates as (1) Black Print Meter; (b) Color Image: for sheet sizes less than 145 square inches in total area, each image calculates as (1) Color Print Meter (e.g., 8.5 x 14 in is NOT oversize (119sq. in)); (c) Color Large: for sheet sizes greater than or equal to 145 square inches each sheet calculates as (1) Color Print Meter and (1) Color Large Print Meter (e.g., 11 x 17 in is oversize (187 sq. in)); and (d) Black and Color Extra Long: for sheets with a length greater than 19.33", each image calculates as (2) Extra Long Meter and (1) Color Print Meter. No credit will be applied towards unused copies/prints. Customer’s obligation to pay all sums when due shall not be subject to any abatement or offset. If any payment is not received by Company within fifteen (15) days of its due date, Company may charge, and Customer will pay a late fee of 5% of the amount due or $25, whichever is greater (or such lesser rate as is the maximum allowable by law). Company has the right to withhold Services and Supplies, without recourse, for any non-payment. Unless otherwise stated on the Cover Page, Company may, on an annual basis, (a) increase the Base Charge and/or the Overage Rates, in an amount not to exceed 20% per annum and/or (b) where a contract is subject to flat rate pricing, shift Customer’s obligation to the applicable flat rate band corresponding to Customer’s usage during the previous calendar year. Company retains the right to have all or some of the amounts due hereunder billed and/or collected by third parties. If Customer declines invoice delivery via email and/or automatic payment withdrawal, or requires any specialized billing procedure or invoicing, Company reserves the right to bill an administrative fee, in accordance with Company’s currently published fee schedule, which is subject to change from time to time. 8. Taxes. Payments are exclusive of all state and local sales, use, excise, privilege and similar taxes, if any. You will be responsible for, indemnify and hold Company harmless from, all applicable taxes, fees or charges (including sales, use, personal property and transfer taxes (other than net income taxes), plus interest and penalties) assessed by any governmental entity on you, the Equipment, this Agreement, or the amounts payable hereunder (collectively, “Taxes”), unless you timely provide continuing proof of your tax exempt status. Customer will pay when due, either directly to the taxing authority or to Company upon demand, all taxes, fines and penalties relating to this Agreement that are now or in the future assessed or levied, except for taxes levied upon Company’s income. 9. Applicable Laws. Both Parties agree that they will comply with all applicable laws and regulations during the Term. 10. Limited License to Use Software. Company grants (and is authorized by its licensor’s to grant) Customer a non-exclusive, non-transferable license to use in the U.S.: (a) software and accompanying documentation ("Base Software”) only with the Equipment with which it was delivered; and (b) Software that is set forth as a separate line item in this Agreement (“Application Software”) (including its accompanying documentation), as applicable, for as long as Customer is current in the payment of all applicable software license fees. "Base Software" and "Application Software" are referred to collectively as "Licensed Software". Customer has no other rights and may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer Licensed Software; (2) activate Licensed Software delivered with the Equipment in an inactivated state; or (3) allow others to engage in same. Title to, and all intellectual property rights in, Licensed Software will reside solely with Company and/or its licensors (who will be considered third-party beneficiaries of this Section). Licensed Software may contain code capable of automatically disabling the Equipment. Disabling code may be activated if: (x) Company is denied access to periodically reset such code; (y) Customer is notified of a default under this Agreement; or (z) Customer’s license is terminated or expires. The Base Software license will terminate: (i) if Customer no longer uses or possesses the Equipment; or (ii) upon the expiration or termination of this Agreement, unless Customer has exercised its option to purchase the Equipment. Neither Company nor its licensors warrant that Licensed Software will be free from errors or that its operation will be uninterrupted. The foregoing terms do not apply to Diagnostic Software or to Licensed Software accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement. 11. Diagnostic Software. Software used to evaluate or maintain the Equipment ("Diagnostic Software") is included with the Equipment. Diagnostic Software is a valuable trade secret of Company or its Licensors. Title to Diagnostic Software will remain with Company or its licensors. Company does not grant Customer any right to use Diagnostic Software, and Customer will not access, use, reproduce, distribute or disclose Diagnostic Software for any purpose (or allow third parties to do so). Customer will allow Company reasonable access to the Equipment to remove or disable Diagnostic Software if Customer is no longer receiving Service from Company, provided that any on-site access to Customer's facility will be during Customer's standard business hours. 12. Software Support. Except for Application Software identified as "No Svc." on the Cover Page, Company (or a designated servicer) will provide the software support set forth below ("Software Support"). For Base Software for Equipment, Software Support will be provided during the initial Term and any renewal period but in no event longer than 5 years after Company stops taking customer orders for the subject model of Equipment. For Application Software, Software Support will be provided as long as Customer is current in the payment of all applicable software license and support fees. Company will maintain a web-based or toll-free hotline during Company’s standard working hours to report Licensed Software problems and answer Licensed Software-related questions. Company, either directly or with its vendors, will make reasonable efforts to: (a) assure that Licensed Software performs in material conformity with its user documentation; (b) provide available workarounds or patches to resolve Licensed Software performance problems; and (c) resolve coding errors for (i) the current Release and (ii) the previous Release for a period of 6 months after the current Release is made available to Customer. Company will not be required to provide Software Support if Customer has modified the Licensed Software. New releases of Licensed Software that primarily incorporate compliance updates and coding error fixes are designated as "Maintenance Releases" or "Updates". Maintenance Releases or Updates that Company may make available will be provided at no charge and must be implemented within six months. New releases of Licensed Software that include new content or functionality ("Feature Releases") will be subject to additional license fees at then-current pricing. Maintenance Releases, Updates and Feature Releases are collectively referred to as "Releases". Each Release will be considered Licensed Software governed by the Software License and Licensed Software Support provisions of this Agreement (unless otherwise noted). Implementation of a Release may require Customer to procure, at Customer’s expense, additional hardware and/or software from Company or another entity. Upon installation of a Release, Customer will return or destroy all prior Releases. 13. INTELLECTUAL PROPERTY. a. CUSTOMER’S CONTENT AND CUSTOMER ASSETS. Customer represents and warrants that it owns the customer assets and its content and materials provided to Company in connection with this Agreement or otherwise has the right to authorize Company to perform the Services hereunder. Customer represents and warrants that such content and materials do not, and shall not, contain any content that (i) is libelous, defamatory or obscene and/or (ii) infringes on or violates any applicable laws, regulations or rights of a third party, including without limitation, export laws, or any proprietary, intellectual property, contract, moral or privacy right or any other third party right. Page 156 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 3 of 10 b. XEROX TOOLS. “Xerox Tools” means certain Xerox proprietary tools (including any modifications, enhancements and derivative works) used by Company to provide certain Services Xerox and its licensors will at all times retain all right, title and interest in and to Xerox Tools including without limitation, all intellectual property rights therein, and, except as expressly set forth herein or as set forth in a SOW where limited access to the Xerox Device Manager (XDM) may be granted for a specific purpose, no rights to use, access or operate the Xerox Tools are granted to Customer. Xerox Tools will be installed and operated only by Company or its authorized agents. If required for royalty reporting purposes, Company may disclose Customer’s name and address to Xerox and/or the third-party licensor of certain Xerox Tools. Customer will not decompile or reverse engineer any Xerox Tools or allow others to do so. Customer will have access to reports generated by the Xerox Tools and stored in a provided database as set forth in the applicable SOW. Company may remove Xerox Tools at any time in Company’s sole discretion, provided that the removal of Xerox Tools will not affect Company’s obligations to perform Services, and Customer shall reasonably facilitate such removal. If Xerox Tools are included as part of the Services, they may be used by Customer only in conjunction with such Services. c. LIMITED LICENSE TO ASSESSMENTS AND REPORTS. Customer may duplicate and distribute assessments and/or reports prepared by Company pursuant to this Agreement only for Customer’s internal business purposes. Any recommendations and processes described in assessments and/or reports may only be implemented by Company for Customer and, if implemented, used by Customer only for Customer’s internal business purposes. d. NO GRANTS TO CUSTOMER. Customer agrees that, except as set forth expressly in this Agreement, no other rights or licenses are granted to Customer. Further, the rights granted to Customer in this Section shall immediately terminate if Customer defaults hereunder with respect to any of its obligations related to such grant. 14. CONFIDENTIAL INFORMATION. Information exchanged under this Agreement will be treated as confidential if it is identified as confidential at disclosure or if the circumstances of disclosure would indicate to a reasonable person that the information should be treated as confidential (“Confidential Information”). The terms and conditions of this Agreement are Confidential Information of Company and Customer, and each party agrees not to disclose any of the foregoing without the other party’s prior written consent. Confidential Information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for two (2) years from the termination or expiration of this Agreement under which such Confidential Information was disclosed, whichever occurs later; provided, however, confidentiality with respect to trade secrets and Xerox Tools will not expire. These obligations of confidentiality will not apply to any Confidential Information that: (1) was in the public domain prior to, at the time of, or subsequent to the date of disclosure through no fault of the receiving party; (2) was rightfully in the receiving party’s possession or the possession of any third party free of any obligation of confidentiality; (3) was developed by the receiving party’s employees independently of and without reference to any of the other party’s Confidential Information; or (4) where disclosure is required by law or a government agency. Upon expiration or termination of this Agreement, each party will return to the other or, if requested, destroy, all Confidential Information of the other in its possession or control, except such Confidential Information as may be reasonably necessary to exercise rights that survive termination of this Agreement. 15. Warranty. Customer acknowledges that the Products covered by this Agreement were selected by Customer based upon its own judgment. Company shall pass through any applicable manufacturer’s warranty to Customer. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY; OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY AND UNRESERVEDLY EXCLUDED. 16. Limitation of Liability. In no event shall EITHER PARTY be liable for any indirect, special, incidental, consequential damages, INCLUDING WITHOUT LIMITATION loss of profits, or punitive damages whether based in contract, tort, or any other legal theory and irrespective of whether EITHER PARTY has notice of the possibility of such damages. In no event shall Company be liable to Customer for any direct damages in excess of the fees paid for Services under this Agreement by Customer to Company during the six-month period immediately preceding the event that gave rise to the claim. 17. Default; Remedies. Any of the following events or conditions shall constitute da default under this Agreement: (a) failure by Customer to make payment when due of any indebtedness to Company or for the Products, whether or not arising under this Agreement, without notice or demand by Company; (b) material breach by either party of any other obligation herein where such breach is not cured within thirty (30) days of receipt of written notice from the non-defaulting party detailing such breach; or (c) if Customer ceases doing business as a going concern. If Customer defaults, Company may: (1) require future Services, including Supplies, be paid for in advance, (2) require Customer to immediately pay the amount of the remaining unpaid balance of the Agreement, (3) terminate any and all agreements with Customer, and/or (4) pursue any other remedy permitted at law or in equity. In the event of default by Customer, remaining payment amounts due will be calculated using the average of the last six months’ billing or the amount set forth on the face of the Agreement, whichever is greater, multiplied by the remaining months of the Agreement, to compensate for loss of bargain and not as a penalty. If Company defaults, Customer may terminate Services pursuant to this Agreement with no further obligation to pay for such Services accruing after the effective date of termination; provided, however, that Customer shall remain liable for all amounts due and owing for Services rendered through the effective date of termination. Customer may also pursue legal remedies as permitted under this Agreement. In the event of litigation arising out of this Agreement, the prevailing party shall be entitled to collection of its reasonable costs and attorneys’ fees incurred in defending or enforcing this Agreement. 18. Assignment. Neither party may sell, transfer, or assign this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld, except that Company may assign or transfer this Agreement, in whole or in part, to any of its affiliates that control, are controlled by, or are under common control as Company. 19. Notices. Notices under this Agreement shall be sent as follows: (a) if to Company, addressed to Company and delivered to PO Box 660501, Dallas, TX 75266-0501, Attn: XBS Customer Care , and/or to the email address set forth in Company’s invoices; and (b) if to Customer, addressed to Customer and delivered to the physical address set forth on the Cover Page and/or to any email address Customer provides, or to such other address as provided by a Party in writing from time to time. Notices will be deemed given five (5) days after mailing by first class mail, two (2) days after sending by nationally recognized overnight courier, or on the date of electronic confirmation of receipt of an electronic transmission, when followed by mailing of such notice as provided herein. 20. Indemnification. Each party, if promptly notified by the other and given the right to control the defense, shall indemnify, defend and hold harmless the other party, its affiliates, and their respective officers, directors, employees, agents, successors and assigns, from and against all claims by a third party for losses, damages, costs or liability of any kind (including expenses and reasonable legal fees) that a court finally awards such party (“Claims”) for bodily injury (including death) and damage to real or tangible property, to the extent proximately caused by the negligent acts or omissions, or willful misconduct of the indemnifying party (or its affiliates) in connection with this Agreement. 21. Fax/Electronic Execution. A faxed or electronically transmitted version of this Agreement may be considered the original. This Agreement may be signed in counterparts and all counterparts will be considered and constitute the same Agreement. 22. Warranty to Execute. Each party represents and warrants to the other, as an essential part of this Agreement, that: (i) it is duly organized and validly existing and in good standing under the laws of the state of its incorporation or formation; (ii) this Agreement has been duly authorized by all appropriate corporate action for signature; and (iii) the individual signing this Agreement is duly authorized to do so. 23. Miscellaneous. (a) Choice of Law. This Agreement shall be governed by the laws of the state of New York (without regard to conflict of laws principles); (b) Jury Trial. THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS AGREEMENT; (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties with regards to the subject matter herein and supersedes all prior agreements, proposals or negotiations, whether oral or written; (d) Enforceability. If any provision of this Agreement is unenforceable, illegal or invalid, the remaining provisions will remain in full force and effect; (e) Amendments. This Agreement may not be amended or modified except by a writing signed by the parties; provided Customer agrees that Company is authorized, without notice to Customer, to supply missing information or correct obvious errors provided that such change does not materially alter Customer’s obligations; (f) Force Majeure. Company shall not be responsible for delays or inability to provide Products or Services caused directly or indirectly by strikes, accidents, climate conditions, parts availability, unsafe travel conditions, or other reasons beyond Company’s control. Page 157 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 4 of 10 PRODUCT SCHEDULE (SCHEDULE A) This Product Schedule/Schedule A is attached to and becomes part of the Agreement. PRODUCTS QTY MFG / MODEL DESCRIPTION ID#SERIAL NUMBER STARTING BLACK METER STARTING COLOR METER LOCATION METER POOLS PRICE TOTAL PRICE 1 HP HP LaserJet Enterprise M610, (Service Only) PENNY HALE null PHBCS2P 0QC 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Ent M507 (Service Only) JENNIFER OLMSTEADS OFFICE null PHBCM7P 3FB 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Ent M507 (Service Only) ACCOUNTS PAYABLE null VNCCTC W0CD 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Ent M528 (Service Only) MAGISTRATE OFFICE null MXBCQ1 S00N 107 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet P4014 (Service Only) PD Precinct - Tracey Creel null CNDX239 777 329 S Greeno Road B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M227 (Service Only) Electric Office Breakroom null VNG3L55 343 555 South Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) Paige Stabler null PHB5B70 712 107 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) Teresa Moyer null PHB5D45 389 107 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) Berry McKelvain null PHB5D47 421 107 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) Gayle Alsobrooks OFFICE null PHBHC52 524 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) SUZANNE DOUGHTY OFFICE null PHB5H47 166 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) NAKEIA HOOKS null PHB5B58 967 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) NIKO WHITSONS OFFICE null PHBQF29 365 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) KAREN BUNGS OFFICE null PHB5G04 833 555 South Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M402 (Service Only) TENNIS Front Desk null PHBHF44 245 600 Morphy Ave B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M404 (Service Only) Gayle Fogarty null PHDGG18 015 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M404 (Service Only) HANNAH NOONAN HR null PHBBK03 450 555 South Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M426 (Service Only) JAIL DOCKET null PHB8J6H GB 107 North Section Street B&W: MPS Flat Rate Pool #1 Page 158 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 5 of 10 1 HP LaserJet Pro M426 (Service Only) TRACI REDWINE OFFICE null PHB8H8P B1Y 161 North Section Street B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M428 (Service Only) Glass Office Civic Center null CNDRPD P705 161 North Section St B&W: MPS Flat Rate Pool #1 1 HP LaserJet Pro M501 (Service Only) Staff Accountants Office null PHBTT60 951 161 North Section Street 1 HP LaserJet Pro P1606dn (Service Only) MAYOR'S OFFICE null VNB3N53 251 161 North Section Street 1 HP M234 (Service Only) Welding Shop null VNN3300 023 555 South Section Street B&W: MPS Flat Rate Pool #1 1 HP Color LaserJet Pro MFP 3301 (Service Only) TENNIS TOMAS CATAR null VND1B19 294 600 Morphy Ave B&W: MPS Flat Rate Pool #1 Color: MPS Flat Rate Pool #1 1 HP Color LaserJet Pro MFP 3301 (Service Only) RECREATION FRONT DESK null MXBCM66 42B 803 N Greeno Rd B&W: MPS Flat Rate Pool #1 Color: MPS Flat Rate Pool #1 1 HP HP Color LaserJet MFP M283fdw (Service Only) Purchasing Admin Erin W null VNBRRC9 06T 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP HP Color LaserJet Pro MFP 3301 (Service Only) KEVIN WADSWORTH ELECTRIC null VND1N17 523 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP HP Color LaserJet Pro MFP 3301 (Service Only) George Ladd null VND1B17 047 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP HP Color LaserJet Pro MFP 3301sdw (Service Only) NIX Front Office null CNCRS6R 2ZW 2 Bayou Dr Color: MPS Flat Rate Pool #1 1 HP HP Color LaserJet Pro MFP 3301sdw (Service Only) CIVIC CENTER MANAGEMENT null VND1B39 545 161 North Section Street Color: MPS Flat Rate Pool #1 1 HP HP4301 (Service Only) PD (Tyron Hoskins)null CNBRRC1 0B5 107 North Section Street Color: MPS Flat Rate Pool #1 1 HP HP4301 (Service Only) Recycle Barn null CNBRR3H 4C9 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Ent M553 (Service Only) Building Department null JPCCM8Y 08X 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Enterprise MFP 5800dn (Service Only) QC PRO SHOP null MXBCS18 1HK 19841 Quail Creek Drive Color: MPS Flat Rate Pool #1 1 HP LaserJet Enterprise MFP 5800dn (Service Only) Water Pecan MFP null MXBCS18 1K3 451 Pecan Avenue Suite 200 Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M281 (Service Only) CITY HALL RECEPTIONIST null VNBNL1Z 2SK 161 North Section Street Color: MPS Flat Rate Pool #1 Page 159 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 6 of 10 1 HP LaserJet Pro M281 (Service Only) Purchasing Agent Office Clint S Maurice M null VNBVM7L 08N 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M281 (Service Only) PAT WHITE null VNBNKD0 B0 803 N Greeno Rd Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M452 (Service Only) CITY COUNCIL OFFICE null VNB3C18 352 161 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M452 (Service Only) WATER LAB null VNB3B99 628 300 N Church St Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M452 (Service Only) MARINA null VNBKL58 HT8 848 Sea Cliff Drive Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M454 (Service Only) HR null VNB3C23 951 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M477 (Service Only) RECORDS null VNBKL64 0H2 107 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M477 (Service Only) PRO SHOP null VNBKL55 HKR 19841 Quail Creek Dr Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M477 (Service Only) NATE LAMIS OFFICE null VNCKM20 13W 24 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M477 (Service Only) Mona Schoenrock null VNB8J8M 974 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M477 (Service Only) GAS OFFICE null VNBKL78 1C5 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M477 (Service Only) Purchasing Admin Office Rhonda C Amy L null VNCKM20 0N0 555 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) Paige Crawford Office null CNCRQB W5F9 1 Bayou Dr Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) DISPATCH OFFICE null MXBCN1S 02Z 107 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) Lisa Hanks Office null CNCRQ9 G671 161 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) Nicole Love null CNCRQ8 YBRY 161 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) KIM CREECHS null MXBCM78 1NJ 161 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) UTILITY BILLING null MXBCMC F1DV 161 North Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) Mechanics null MXBCN5 D1DC 556 South Section Street Color: MPS Flat Rate Pool #1 1 HP LaserJet Pro M479 (Service Only) Pool Printer null 1036122 803 N Greeno Rd Color: MPS Flat Rate Pool #1 1 HP M377dw (Service Only) DENNIS SCOTTS OFFICE null VNB8J5M 6SS 300 N Church St Color: MPS Flat Rate Pool #1 Page 160 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 7 of 10 Subtotal $0.00 CUSTOMER ACCEPTANCE By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer. Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set forth the entire agreement between parties. AUTHORIZED CUSTOMER SIGNATURE: **signature**TITLE:**title** SIGNER’S NAME (PRINTED):**fullname**DATE:**datesigned** COMPANY SALES:**signature2**DATE:**datesigned2** Page 161 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 8 of 10 XEROX® ADVANCED MANAGED PRINT SERVICES STATEMENT OF WORK ® ADVANCED MANAGED PRINT SERVICES STATEMENT OF WORK (''AMPS SOW'' or ''this SOW'') is hereby attached to and made a part of the SSA and/or MSA (''Agreement'') entered into by and between Xerox Business Solutions, LLC (''Company') and CITY OF FAIRHOPE (''Customer''), collectively the ''Parties'', to add the AMPS as further described herein. The effective date of this AMPS SOW is 06/05/2026. Except as expressly set forth herein, the Agreement’s terms and conditions are incorporated herein and shall govern the provision of AMPS pursuant to this AMPS SOW. 1.DEFINED TERMS - Terms defined within the Agreement and used herein shall have the meaning set forth in the Agreement unless expressly set forth otherwise below. – Refers to the Company identified in the Agreement and referenced above, and operationally may include or refer to its affiliates executing Services on its behalf. – AMPS-Eligible Equipment installed in the Sites and managed by Company as defined by the Xerox Tools under this AMPS SOW. ® Advanced Managed Print Services (AMPS) – Services provided by Company under this XPSAS SOW on In-Scope AMPS Equipment, which include proactive meter reads, proactive Supplies requests, and proactive break/fix requests. ® Support Assistant – An app running on a Xerox ConnectKey printer that shows the user the status of AMPS Incidents, and enables the user to raise new Incidents or submit meter reads into the AMPS process. 2.SERVICES DESCRIPTION – AMPS provides proactive meter reads, proactive Supplies requests, and proactive break/fix requests for In-Scope AMPS Equipment. a. Company shall operate the Xerox’s Service Desk Support during Company’s normal business hours on Company’s business days. Service Desk Support includes receipt of Service Calls by service provider. Service Calls may be generated from automatic alerts from In-Scope Devices (Proactive Service Call) or from the web portal by a Customer or Reseller or by telephone (Reactive Service Call). b. To enable Company to provide the expected proactive Services and Supplies, Customer agrees to the use of a monitoring tool (see Xerox Tools). Customer ensures the selected tool continues to run and/or connects to their network and devices. Company is available for technical support of that tool, and the operation and maintenance of any Cloud component. c. If the chosen device management solution is Xerox Workplace Cloud Fleet Management ('CFM'), then by agreeing to this AMPS SOW You also agree to terms as defined in the following end user licensing agreement, as well as any periodic updates thereto, relating to the use of Xerox Tools to deliver the AMPS covered in this AMPS SOW. Company and/or Xerox Corporation reserve the right to update these terms at any time. www.xerox.com/downloads/usa/en/x/XWC-and-CFM-Terms-of-Service-and-EULA.pdf For other solutions, Terms and Conditions will be presented in the tool User Interface itself during implementation. 3.XEROX TOOLS - Company may utilize one or more of the following Xerox Tools to provide AMPS: a. Xerox Workplace Cloud Fleet Management solution (''CFM'') – software that provides device data for monitoring of supplies, break/fix and meters and allows policy-based compliance to automate print fleet security; remote setting configuration; and security, patch and password management. b. Xerox Device Agent (''XDA'') is an application that enables the monitoring and assessment of the status and output of In-Scope Devices. c. Xerox Device Manager (''XDM'') - an application that enables the monitoring and assessment of the status and output of In-Scope Devices. d. Xerox Device Direct (''XDD'') - an application is embedded in the firmware of certain devices that allows In-Scope AMPS Equipment to automatically communicate Device Data to Xerox for monitoring purposes. e. Xerox Services Manager (''XSM'') – a Web-based application providing Company with data enabling centralized asset tracking; device and supplies monitoring; and break/fix incident management. Page 162 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 9 of 10 f. Xerox Report Manager (''XRM'') - an application that allows standard and custom reporting from XSM. g. Fleet Management Portal (''FMP'') - an online portal that provides program and device status and analytics. h. Xerox MPS Advanced Analytics (''MPS AA'') - a cloud-based reporting tool that presents data in a business intelligence format 4.TERM - Unless otherwise stated herein or in the Agreement, the term of this AMPS SOW shall be the same as the Term of the Agreement. 5.CHARGES – Charges for AMPS are set forth in the signed Agreement to which this AMPS SOW is attached and are exclusive of any and all applicable Taxes. 6.CHANGES – To the extent that the Parties wish to add or make modifications to this AMPS SOW, all such changes will be documented in a AMPS SOW Amendment signed by both Parties. 7.ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO AMPS SOW – a. ADDITIONAL WARRANTY DISCLAIMER – IN ADDITION TO THE WARRANTIES AND DISCLAIMERS IN THE AGREEMENT, THE FOLLOWING SHALL APPLY TO AMPS: EXCEPT AS STATED IN THE AGREEMENT, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE PERFORMANCE OF AMPS , AND COMPANY DOES NOT WARRANT THAT AMPS WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S SOFTWARE, OR WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL BE ERROR FREE. If there is a conflict between the contents of the Agreement and this AMPS SOW, this SOW shall control but only with respect to the provision of AMPS. The terms and conditions of this AMPS SOW apply only to the provision of the AMPS, and do not affect, amend, or modify any of the provision of any other Services under the Agreement. * Signature Page Follows * Xerox Business Solutions, LLC CITY OF FAIRHOPE Print Name: _________________________________ Print Name: **fullname** __________________________________ Print Title: _________________________________ Print Title: **title** _________________________________ Sign: **signature2** _________________________________ Sign: **signature** __________________________________ Date: **datesigned2** _________________________________ Date: **datesigned** __________________________________ Page 163 of 178 CEC approved Ver.1.8.3 Effective 5/14/26 Page 10 of 10 Appendix 1 - Service Desk Support Activities - Table One Activity Service Desk Support Xerox/XBS Receive and log Service Call in Fleet Management Portal (FMP) ✔ Monitor Proactive Service alerts *** on network connected compliant In-Scope Devices with fault reporting capability ✔ Collect and log Call Data* ✔ Undertake basic diagnosis including web troubleshooting processes via Remote Call Assist (RCA) where the In Scope Device contains features that enable remote diagnosis and repair of problems and log activity ✔ Validate requests for consumables against entitlement, e.g., volume and order history ✔ Escalation to Level 2 Support within XSM with Call Data if RCA is unsuccessful ✔ Arrange shipment of Consumable to Customer ✔ Arrange advanced remote diagnosis with Customer upon Service Call using RCA and log activity on XSM ✔ Follow up daily on progress of Service Call (Level One Support/Level Two Support follow up on the tickets owned at that stage) ✔ Log activities on open ticket on XSM (by the Level that owns the ticket at that stage)✔ Close ticket (by the Level that owns the ticket at that stage)✔ * Call Data means Asset Tag Number (required); Serial Number (required); Customer Service Centre/Customer end user name (required); Customer Service Centre/Customer end user contact number; (required); Incident statement (required); Fault Type (required where break fix incident), Customer Service Centre/Customer end user email address; Device location; Internal reference number (if applicable); and meter reads. Call Data is Customer Data Assumptions: *** Advanced MPS Services, pro-active supplies and break/fix support, proper functioning of and data availability for the Xerox Tools and performance levels are dependent on active monitoring tools, such as XDA, XDM, XDD or CFM. It’s the Customer’s responsibility to keep such tools connected to the in-scope devices. Page 164 of 178 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Jeff Montgomery 07/01/2026 IT / Information Technology 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. Xerox Business Solutions, LLC 17,073.96 / year ($1,422.83/mo x 12 mo) Dex 2,285.03 Bay Area Printing & Graphics Solutions No quote 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? Xerox Managed Print Services (MPS) contract – service, supplies, and support for the City’s citywide printer/copier fleet (57 devices) 2. What is the total cost of the item or service? $17,073.96/year ($1,422.83/month x 12-month term) 3. How many do you need? 1 contract covering 57 devices citywide 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Xerox Business Solutions, LLC 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. 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: 50325 Page 165 of 178 Page 166 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1026 FROM: Lisa Hanks, City Clerk SUBJECT: Application — Specialty Retailer of Consumable Hemp Products by Jack V. Greer, Jr., Autry Greer & Sons, Inc. d/b/a Cash Saver #18 Greer's Fairhope Market, 75 Section Street, Fairhope, AL 36532. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: City Council to approve the application. 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 167 of 178 Page 168 of 178 Page 169 of 178 Page 170 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1024 FROM: Lisa Hanks, City Clerk SUBJECT: Application - Restaurant Liquor License by Jeremiah Teal Matthews, Volanta LLC d/b/a Volanta, 800 N. Section Street, Fairhope, AL 36532. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: City Council to approve applicaiton. 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 171 of 178 Page 172 of 178 Page 173 of 178 Page 174 of 178 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1023 FROM: Lisa Hanks, City Clerk SUBJECT: Application — Restaurant Liquor License by Pete Carnley, GC&K LLC d/b/a The Decoy Bar & Grill, 300 Fairhope Avenue, Fairhope, AL 36532. AGENDA DATE: July 13, 2026 RECOMMENDED ACTION: City Council to approve application. 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 175 of 178 Page 176 of 178 Page 177 of 178 Page 178 of 178