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HomeMy WebLinkAbout10-12-2026 City Council Meeting Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, October 12, 2026 - 6:00 PM City Council Chambers Council Members Jack Burrell Joshua Gammon Jimmy Conyers Jay Robinson Andrea Booth Invocation and Pledge of Allegiance 1. Approve minutes of September 28, 2026 Regular City Council Meeting, minutes of September 28, 2026 Work Session, and minutes of the October 8, 2026 Special Emergency City Council Meeting. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Final Adoption – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Michael Jason Tickle for Conditional Annexation to R-1, Low Density Single- Family Residential District. The property is located on the east side of South Section Street, south of Twin Beech Road and is 20.11± acres. PPIN #: 28640. (Introduced at the September 28, 2026 City Council Meeting) 6. Final Adoption - Ordinance — Repealing Ordinance No. 1478 - Compensation and Job Classifications adopted in 2012. (Introduced at the September 28, 2026 City Council Meeting) 7. Final Adoption - Ordinance — An Ordinance Repealing and Replacing Ordinance No. 1817; and Establishing Impact Fees on New Development in the City of Fairhope, Alabama. (Introduced at the September 28, 2026 City Council Meeting) 8. Final Adoption - Ordinance — An Ordinance of the City of Fairhope, Alabama, to Authorize Posting of all Legal Advertisements, Ordinances of a General or Permanent Nature, and Publication for all other City Notifications Pursuant to Alabama Law. (Introduced at the September 28, 2026 City Council Meeting) 9. Ordinance - An Ordinance for the City of Fairhope to adopt the General Obligation Water and Sewer Warrant, Series 2026-B, in the principal amount of $30,575,000.00 to refund the 2026-A Warrant. 10. Resolution — That the City Council hereby accepts all public streets and public right- of-ways dedicated on the plat; and all Fairhope public utilities located in public right- of-ways for Fox Hollow Ph3 for maintenance by the City of Fairhope. This resolution shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, or any irrigation systems installed within the right-of-way of public streets, whether or not such may be located within dedicated easements in any of these developments. Page 1 of 258 City Council Regular Meeting 11. Resolution - That the Fairhope City Council accepts the GOMESA grant award in the amount of $2,500,000.00 for Phase III of the Flying Creek Nature Preserve and authorizes Mayor Sherry Sullivan to sign any and all necessary documents. Phase III will complete the South parcel of the Preserve including multi-use trails, mountain biking trails, adventure playground, restroom, pavilion, and other features to create a more active nature park. 12. Resolution - To award (Bid No. 26-050) to Looks Great Services of MS, Inc. for Citywide Tree Removal Annual Contract with an annual contract amount not-to- exceed $75,000.00. 13. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Landscape and Irrigation Installation for the K-1 Center Courtyard Project to Lindsey Landscaping, LLC for a not-to-exceed project cost of $59,380.60. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. 14. Resolution - That the City of Fairhope has voted to approve the procurement of Sensus Water Meters from Core and Main LP as sole source distributor; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The annual cost will not-to-exceed $600,000.00. 15. Resolution - That the City of Fairhope approves the procurement of CARUS 8700 Corrosion Inhibitor Water Treatment Chemical as the Sole Source Procurement from distributor Alberty & Blakeney LLC, for an estimated annual amount of $400,000.00 based on the option by the Code of Alabama 1975, Section 41-16- 51(13). 16. Resolution — That the City of Fairhope approves the procurement of Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and Azone 15 (Liquid Bleach) from Hawkins, Inc. for the Water Department and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(b)(7). The estimated annual cost for these chemicals is $100,000.00. 17. Resolution — That the City of Fairhope approves the procurement of CAL-FLO Lime Slurry for water treatment as the Sole Source Procurement from Burnett Lime Company, Inc., and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The estimated annual cost will be $50,000.00. 18. Resolution - To award (Bid No. 26-049-2026-SEW-003) to Jim House & Associates for Wastewater Treatment Plant Diffused Air Equipment and Blower with a bid proposal not-to-exceed $319,895.00. 19. Resolution - That the Mayor and City Treasurer are hereby authorized and directed to dispose of approximately 300 Scrap Brass Water Meters owned by the City of Fairhope, Alabama, by selling them for scrap brass and copper at the highest offered value. Page 2 of 258 City Council Regular Meeting 20. Resolution — That certain items are declared surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the three methods listed on the resolution. 21. Resolution — That the City Council authorizes and approves the addition of three (3) Part-Time Temporary Police Dispatchers, at a Grade 110, due to several full- time vacant positions. This will be beneficial to the City, and each position will expire when full-time positions are filled. 22. Resolution - That the City of Fairhope has voted to approve 700 Sensus Gas Meter Transmitters from Core and Main LP 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 is not-to-exceed $116,802.00 plus freight. 23. Resolution - That the City of Fairhope approves the selection of PFM Financial Advisors LLC for Professional Consulting Services as Financial Advisor for year- long services with a not-to-exceed retainer of $20,000.00; and hereby authorizes Mayor Sherry Sullivan to execute contract. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3). 24. Resolution — That Mayor Sherry Sullivan is hereby authorized to execute an Annual Party Agreement between Oak Hollow Farm Inc. and the City of Fairhope for the City’s Christmas Event for City Employees at the “Barn” on Friday, December 11, 2026, from 12:00 p.m. to 3:30 p.m. 25. Resolution — That the City Council adopts the following recommendation from the Recreation Board to change the current City approved 12.5% fee structure for food trucks and other outside vendors at recreational events to a flat fee per day of $50.00 to be managed through the Parks and Recreation staff as part of the recreational facility usage rental agreements. 26. Resolution — That the City Council adopts the following Street and Traffic Control Committee recommendations to add speed-calming devices on N. Ingleside between Winn Lane and Central Blvd.; and add a cross-walk with signage on Quail Creek Drive from the Cart Shop entrance to the entrance into the Clubhouse. 27. Request: Ms. Marsha P. Jordan, Executive Vice President, Baldwin County Home Builders Association, requests permission to place tasteful directional signs to assist the public during the annual Parade of Homes for two weekends, October 17th – 18th and 24th – 25th, 2026, to assist the public in finding the homes they wish to view. The signs will be picked up immediately after the parade concludes. 28. Public Participation – (3 minutes maximum) 29. Adjourn Page 3 of 258 City Council Regular Meeting Regular Meetings of the City Council shall be held on the 2nd and 4th Monday of each month immediately following the 4:30 p.m. Work Session unless prescheduled and announced otherwise. Next Regular City Council Meeting, Monday, October 26, 2026, 6:00 p.m. Fairhope Municipal Complex Council Chambers 161 North Section Street Fairhope, AL 36532 Page 4 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-381 FROM: Lisa Hanks, City Clerk SUBJECT: Minutes of September 28, 2026 Regular City Council Meeting, minutes of September 28, 2026 Work Session, and minutes of the October 8, 2026 Special Emergency City Council Meeting. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: Approve minutes of September 28, 2026 Regular City Council Meeting, minutes of September 28, 2026 Work Session, and minutes of the October 8, 2026 Special Emergency City Council Meeting. 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 258 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 28 September 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell, Joshua Gammon, Jay Robinson, and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Conyers called the meeting to order at 6:02 p.m. The invocation was given by Council President Conyers, and the Pledge of Allegiance was recited. Councilmember Gammon moved to approve minutes of the September 14, 2026, regular meeting; and minutes of the September 14, 2026, work session. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and introduced the Fairhope Junior City Councilmembers in attendance: Bethany Pierce (President), Avery Payne (Vice-President), and Claire Wang (Media Manager). Ms. Pierce addressed the City Council and said the next FJCC meeting will be on October 21, 2026 with Community Affairs Director Paige Crawford. Mayor Sullivan addressed the City Council regarding the following items: 1) Received $2,000,000.00 CDGB-DR grant for the 12” water main loop connector East of Fish River; and 2) Announced new greens at Quail Creek will open soon, new Golf Director Colin McKern will be at the next meeting; and this will be the last week for Bobby Hall the former Golf Director. She thanked him for his service to the City and Quail Creek Golf Course. Mayor Sullivan read the following FY2026 – 2027 Budget Statement: Good evening, I want to take a few minutes today to talk about the City of Fairhope’s budget and, more importantly, what this budget means for our community. This year, the City of Fairhope’s total budget is approximately $200 million, including both general government and our utilities. That is a big number, but it is im portant to remember that this includes everything from police and fire to parks, roads, drainage, water, wastewater, gas and electric services. Page 6 of 258 28 September 2026 Our total budget is actually down almost 2% from last year, and I think that is important to point out. We are continuing to look for ways to operate leaner, be more efficient and make sure we are being good stewards of the money entrusted to us by our citizens and our utility customers. Revenues On the revenue side, we are seeing modest increases in most of our major revenue sources. Sales tax and lodging tax continue to show increases, and we are also seeing increases in simplified sellers use tax and property taxes. But not every revenue source is increasing. Business license revenues have been relatively flat or have decreased, and we have also seen a decrease in building-related permit fees. This budget also includes more than $12 million in grant funding from GOMESA, ADECA, Baldwin County, ALDOT, FEMA and individual donations for moving the Henry Stuart Hut. So, just like families and businesses have to do, the City has to look at what is coming in and make responsible decisions about how we spend those dollars. Utilities One of the largest areas of investment in this budget is our utility system. This year, we have $53.6 million in utility upgrades. The majority of that money will go toward water and wastewater. And I know these aren't always the most exciting projects to talk about because most of the time you don't see them. But they are some of the most important things we do. We have to make sure that when you turn on your faucet, you have water. When you flush your toilet, the system works. When you turn on your lights, the electricity is there. And when you need gas, we can provide it safely and reliably. We are continuing to upgrade our water and wastewater systems to serve the people who live here today while also preparing for the continued growth of our community. We will continue upgrading our electric infrastructure and continue the phased replacement of cast iron lines in our gas system. And, at the same time, our employees are doing the everyday work that most people never see — maintaining lift stations, water wells, pumps, electric lines, gas lines and all of the other infrastructure that keeps our city running. This past year, we completed the first phase of upgrades to our wastewater treatment plant. You will continue to see work there this year, as well as improvements to pipes throughout the system. We are also moving forward with a new water tower south of town. And we have nearly $2 million in equipment purchases planned, including a new vacuum truck, an electric bucket truck, a digger derrick truck and a dump truck. These aren't flashy purchases, but they are necessary equipment that allows our employees to do their jobs safely and efficiently. Page 7 of 258 28 September 2026 Capital Improvements In addition to our utility investments, we have approximately $18 million in capital improvements, vehicles and equipment in the general fund. And there are a lot of projects in that number. We are building new parks, including Foundation Park at Hope Community. We are adding new lighting at our tennis courts and ball fields. We are moving the skate park to make room for a new gym at Volanta. We are making seawall improvements at Fairhope Docks. We are continuing the build-out of Flying Creek Nature Preserve. And we will begin engineering for a new industrial park near the airport. These are investments that help make Fairhope a great place to live, but they also help us prepare for the future. Public Safety Public safety continues to be one of our priorities. This year's budget includes a new $3 million police precinct, five new police vehicles and two additional police officers for patrol. We are also seeing the delivery of three new fire trucks that were ordered and paid for over the past three years. Again, these investments are about making sure our police officers and firefighters have the people, facilities and equipment they need to keep our community safe. Parks We are continuing to invest in our parks as well. There will be new playground equipment at Fel's Park, a new restroom at Colony Nature Park and continued improvements to parking at our parks. We are also building a new facility at the Barnwell Youth Football Complex, along with many other improvements throughout our park system. Our parks are a big part of what makes Fairhope special, and we want to make sure they remain places our families can enjoy for generations. Roads, Drainage and Traffic Another major investment this year is in roads, drainage and traffic. We have more than $8 million budgeted for these improvements. That includes paving and repairs on County Road 13 near Fairhope Avenue, paving throughout the city, drainage improvements on Cedar Avenue near Ingleside and sidewalks on Nichols Avenue and Edwards Avenue. And again, there is so much more that goes on behind the scenes. We will be repairing HVAC systems. Page 8 of 258 28 September 2026 We will be working on elevator doors at the Recreation Center and parking garage. We will make traffic light improvements. We will replace heaters and make well improvements at the Nichols Street greenhouses. We will make improvements to recycling and landfill access. We will repair drainage at the Civic Center. We will replace flooring at the Nix Center. And there are literally hundreds of other smaller projects that have to happen every year to keep our buildings, facilities and infrastructure operating. Those things may not make the front page of the newspaper, but they matter. Our Employees And none of this — none of it — could happen without our employees. I want to emphasize that. We can budget for a new police precinct. We can budget for a new water tower. We can buy new trucks and equipment. But at the end of the day, it takes people to provide these services. And I am very proud of the employees who work for the City of Fairhope. Like everyone else, we are seeing the cost of salaries and benefits increase. This year, we completed an employee classification and compensation study to make sure our pay is competitive with the current job market. What we found is that we needed to increase minimum salaries throughout the city, particularly for entry-level positions. We are competing for employees with Chick-fil-A, Walmart, landscaping companies and many other businesses. And we have to be competitive if we want to attract and retain good employees. Healthcare is another significant expense. Just like families across Fairhope are seeing their healthcare costs increase, the City is seeing those costs increase as well. Providing health insurance and benefits for our employees is expensive, but it is important. Most of what our employees do is essential. They pick up your garbage. They maintain our water and wastewater systems. They repair electric lines. They respond to emergencies. They maintain our parks. They issue permits. Page 9 of 258 28 September 2026 They answer your calls. They keep our streets and facilities operating. These are services that our community depends on every single day. So, making sure we have good people and that we can keep those good people is one of the most important investments we can make. This year, most of our new positions are related directly to growth and increased demand for services. We are adding positions in parks, custodial services, police, revenue, sanitation and three additional positions in our utility departments. I know that adding employees comes with a cost. But we also have to recognize that if our community grows and the demand for services grows, we have to have enough people to provide those services. Working Together And finally, I want to say something about teamwork. A budget of this size doesn't happen because of one person. It doesn't happen because of one department. It happens because people across this organization come together and do their jobs every day. And it happens because we have a City Council that is willing to work together to make decisions about the future of Fairhope. We may not always agree. We don't have to agree on everything. But I believe we all care deeply about this community, and we all want to see Fairhope continue to be a great place to live, work and raise a family. I am proud of the work our employees do every day. I am proud of the investments we are making in our infrastructure, our utilities, our parks, our roads and our public safety. And I am proud that we are continuing to look for ways to do more while being responsible with the resources we have. There is always more that needs to be done. There always will be. But when I look at this budget, I see a city that is investing in today while preparing for tomorrow. And I am grateful to everyone who plays a part in making that happen — our employees, our department heads, our City Council and, most importantly, the citizens of Fairhope who entrust us with the responsibility of serving this community. Thank you. Page 10 of 258 28 September 2026 Councilmember Gammon thanked the Mayor, City Treasurer and her Staff regarding the FY2026 – 2027 Budget. He said this was the first time for him to review a budget; and it has great stuff in it. Councilmember Booth said that she and Councilmember Gammon were doing CAPZO webinar training to be a Certified Alabama Planning and Zoning Official. Council President Conyers thanked Mayor and Staff for their work on the FY2026 – 2027 Budget. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Robinson introduced in writing an ordinance to zone the property of Michael Jason Tickle to R-1, Low Density Single- Family Residential District with conditional Annexation. The property is located on the east side of South Section Street, south of Twin Beech Road and is 20.11± acres. PPIN#28640. The Planning Commission gave a favorable recommendation of this ordinance. Council President Conyers read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Conyers opened the Public Hearing at 6:24 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:25 p.m. Wade Graham with Jade Consulting, LLC addressed the City Council to answer questions. Councilmember Gammon questioned how many lots per acre. Mr. Graham stated it should be 1.39 lots per acre. Councilmember Gammon asked if the owner would do a “Self-imposed Voluntary Condition of 1.39 lots per acre?” Jason Tickle, owner of the property, said he is only requesting zoning tonight. Planning Director Simmons said if you specify a condition, it would have to be readvertised. Councilmember Burrell said he did not see why it must be readvertised. Attorney Chris Williams said it must be readvertised pursuant to State law. Council President Conyers stated it should not have self-imposed lots for 1.39 per acre. Councilmember Robinson said it is unfair to do this to everyone. Mr. Simmons explained we cannot put conditions on subdivision outside City limits. Mr. Wade committed they would be submitting subdivision after approval. Due to lack of a motion for immediate consideration, this ordinance will layover until the October 12, 2026 City Council meeting. Councilmember Robinson introduced in writing an ordinance repealing Ordinance No. 1478: Compensation and Job Classifications adopted in 2012. Due to lack of a motion for immediate consideration, this ordinance will layover until the October 12, 2026 City Council meeting. Page 11 of 258 28 September 2026 Councilmember Burrell introduced in writing an ordinance to repeal and replace Ordinance No. 1817; and Establishing Impact Fees on New Development in the City of Fairhope, Alabama. Due to lack of a motion for immediate consideration, this ordinance will layover until the October 12, 2026 City Council meeting. Councilmember Booth introduced in writing an ordinance of the City of Fairhope, Alabama, to authorize posting of all legal advertisements, ordinances of a general or permanent nature, and publication for all other City notifications pursuant to Alabama Law. Due to lack of a motion for immediate consideration, this ordinance will layover until the October 12, 2026 City Council meeting. Planning Director Hunter Simmons addressed the City Council to explain the Site Plan Review and Request by Murphy Oil USA, Inc., on behalf of the owner RW Battles, LLC, located at 18186 Wright Blvd. and is 1.14 ± acres. PPIN #391372, Fairhope, Alabama for a proposed Murphy Oil Automobile Service Station. Councilmember Burrell moved to approve the Site Plan property owned by RW Battles, LLC listed above with Staff’s five conditions. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves and adopts the following recommendations received by Evergreen Solutions, LLC, the Fairhope Personnel Board, and Mayor Sherry Sullivan for the Classifications and Pay Grades for City Employees. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5915-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the following recommendations received by Evergreen Solutions, LLC, the Fairhope Personnel Board, and Mayor Sherry Sullivan for the Classifications and Pay Grades for City Employees. ADOPTED THIS 28TH DAY OF SEPTEMBER, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 258 28 September 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution that the Fairhope City Council gratefully accepts the Deed of Gift for the Parcel located across from the Flying Creek Nature Preserve f/k/a the Triangle Property from the Fairhope Single Tax Corporation to the City of Fairhope; and authorizes the Mayor to sign any documents necessary to complete the transfer. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5916-26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, That the Fairhope City Council gratefully accepts the Deed of Gift for the Parcel located across from the Flying Creek Nature Preserve f/k/a the Triangle Property from the Fairhope Single Tax Corporation to the City of Fairhope; and authorizes the Mayor to sign any documents necessary to complete the transfer. Adopted on this 28th day of September, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council reviews, approves and adopts the proposed FY2027 Budget. The motion was seconded by Councilmember Booth. Councilmember Burrell commented it is a living document. Councilmember Robinson stated it is a plan and can be changed if needed. Councilmember Gammon said it is a great budget and a level of trust for Staff. He stated, in the future we need to batten down hatch. Councilmember Gammon requested that his questions regarding the FY2026 – 2027 be included in the minutes. (Please see questions with City answers at the end of these minutes). Council President Conyers said it is a balanced budget and thanked everyone for their help, but he said it is not sustainable. After further discussion, motion passed unanimously by voice vote. RESOLUTION NO. 5917-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the proposed Budget presented and reviewed the 28th day of September 2026, hereby approved, and adopted for the FY 2026-2027; and that the following estimates of revenues and expenses, as related thereto, are hereby adopted; and those revenues and expenses are appropriated as follows: Page 13 of 258 28 September 2026 GENERAL FUND: Total Revenue and Transfers In $62,924,645 Total Expenditures and Transfers Out $62,924,645 SANITATION FUND: Total Revenue & Transfer In $4,655,390 Total Expenditures & Transfers Out $4,655,390 GAS FUND: Total Revenue & Transfer In $17,220,646 Total Expenditures & Transfers Out $17,220,646 ELECTRIC FUND: Total Revenue & Transfer In $26,154,470 Total Expenditures & Transfers Out $26,154,470 WATER/WASTEWATER FUND: Total Revenue & Transfer In $68,385,872 Expenditures & Transfers Out Water Department $37,845,582 Waste Water Department $30,540,290 Total Expenditures & Transfer Out $68,385,872 CAPITAL PROJECT FUND: Total Revenue & Transfer In $15,902,087 Total Expenditures & Transfers Out $15,902,087 IMPACT FEES FUND: Total Revenue & Transfer In $4,691,443 Total Expenditures & Transfers Out $4,691,443 GAS TAX FUND: Total Revenue & Transfer In $120,500 Total Expenditures & Transfers Out $120,500 REBUILD ALABAMA FUND: Total Revenue & Transfer In $211,300 Total Expenditures & Transfers Out $211,300 MUNICIPAL CAPITAL IMPROVEMENT FUND: Total Revenue & Transfer In $230,000 Total Expenditures & Transfers Out $2,000 CORRECTION FUND: Total Revenue & Transfer In $170,000 Total Expenditures & Transfers Out $170,000 TOTAL FYE 2027 BUDGET $200,666,463 Page 14 of 258 28 September 2026 BE IT FURTHER RESOLVED, that the Annual Salaries of City Personnel shall be as shown on a list entitled Annual Salaries of All City Personnel; and said list filed in the Office of the City Treasurer and of Human Resources; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the portion of the Sales and Use Tax revenue for FY 2026-2027 that is restricted in the General Fund Debt Pre- Payment Account can be used for General Fund operations up to $3,100,000.00 reduction; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the portion of the Sales and Use Tax revenue FY 2026-2027 that is restricted in the Capital Project Fund (Infrastructure Improvement Special Fund) can be used for General Fund operations up to the $3,100,000.00 and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Treasurer to perform Administrative Budget Transfers, as needed throughout the Fiscal Year. Directors are expected to operate within the funding appropriate for their department. Should a funding increase be required, a written request is to be submitted to the Treasurer and Mayor with a limit not to exceed $20,000.00. All Administrative Budget Transfers are documented and tracked in the City’s financial management system; and BE IT FURTHER RESOLVED, that the City Council hereby approves merit raises for the City of Fairhope employees as defined in the proposed budget that may become effective on anniversary of hire date. DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 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 desires to use Impact Fees account for equipment and projects that meet the criteria and are in the FY2027 Proposed Budget. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Page 15 of 258 28 September 2026 RESOLUTION NO. 5918-26 WHEREAS, the City of Fairhope adopted Ordinance No. 1817, An Ordinance repealing and replacing Ordinance No. 1625 to establish Impact Fees on new development in the City of Fairhope on December 19, 2024 in accordance with Act No. 2006-300 enacted by the Legislature of Alabama on April 4, 2006; and WHEREAS, the City desires to use funds for “Police” which is a Benefit Area for (i) the cost recovery of the City’s cost and expense related to the construction, development and improvement of its justice center, (ii) the cost recovery of the City’s cost and expense related to the construction, development and improvement of its animal shelter, (iii) the acquisition of police vehicles, and (iv) the acquisition of police -related apparatus and equipment, and (v) the police component of the “Impact Fee Study” prepared by TischlerBise; and WHEREAS, the City desires to use funds for “Fire” which is a Benefit Area for (i) the construction, development and/or improvement of fire stations, (ii) the acquisition of fire fighting vehicles, and (iii) the acquisition of firefighting apparatus, and (iv) the fire component of the “Impact Fee Study” prepared by TischlerBise; and WHEREAS, the City desires to use funds for “Transportation” which is a Benefit Area for the cost of intersection improvements made to address additional demand generated by New Development and the transportation component of the “Impact Fee Study” prepared by TischlerBise; and WHEREAS, the City desires to use funds for “Parks and Recreation” which is a Benefit Area for (i) the acquisition of new public parks lands, (ii) the construction, development and/or improvement of public recreational facilities, (iii) the construction, development and/or improvement of public park amenities, (iv) the acquisition of new park vehicles, and (v) the parks and recreation component of the “Impact Fee Study” prepared by TischlerBise; and WHEREAS, the following project shall be paid from the Impact Fees Account and have met the criteria stated to be paid from said Account: * * * Page 16 of 258 28 September 2026 NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to expend Impact Fees for the above projects as designated from the Impact Fee Account for services for the “Police,” “Fire,” “Transportation,” and “Parks and Recreation” Benefit Areas. DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 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 Council approves and adopts the recommendations to fund new positions, reclassify positions, defund and delete positions as presented in the FY2027 Budget. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. POLICE FIRE TRANS- PORTATION PARKS / RECREATION TOTAL FY2027 BUDGET PROJECTS New Police precinct construction $1,300,000 $1,300,000 Adding Truck to Recreational Dept $55,000 $55,000 Adding Tractor to Recreational Dept $49,500 $49,500 Design of new Basketball Gymnasium $125,000 $125,000 Parking Improvements and Expansion for the Recreation Center/Pool $500,000 $500,000 Tractor for Flying Creek Park $40,000 $40,000 Drainage-Capital Project Fund $465,000 $465,000 Impact Fees FY 2027 $1,300,000 $0 $465,000 $$769,500 $2,534,500 Page 17 of 258 28 September 2026 RESOLUTION NO. 5919-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendations to fund new positions and approve Pay Grades; reclassify positions; defund; and delete positions as presented in the FY2027 Budget as follows: Position Name Department Status Pay Grade Prior Grade New Positions: Environmental Intern Planning PT FLAT Revenue Technician Revenue FT 109 Police Officer (2) Police FT 204 School Resource Officer Police PT 204 Corrections Officer Corrections FT 202 Marina Worker Marina PT 101 Parks Maintenance Worker Recreation FT 107 Tennis Facility Maintenance Worker Recreation FT 107 Custodian Facilities Maintenance FT 104 Park Ranger Intern Parks PT FLAT Sanitation Hopper Sanitation FT 107 GPS Technician Gas FT 112 Groundworker Electric FT 112 Line Locate Supervisor Utilities Engineering FT 115 Reclassifications/Title Changes: Lead Grower Landscape FT 112 111 Facilities Manager Facilities Maintenance FT 120 114 Streets Manager Streets FT 120 120 Gas Construction Technician II Gas FT 110 108 Gas Construction Technician III Gas FT 112 110 Lineworker (3) Electric FT 118 114 Electric Operations Manager Electric FT 122 123 Fire Hydrant Technician Water FT 112 114 Water Service Technician II (3) Water FT 110 108 Defunding: (2) Corrections Officer Police Department PT 202 Permit Technician Building Inspections FT 109 GPS Technician Gas PT 112 Page 18 of 258 28 September 2026 ADOPTED THIS 28TH DAY OF SEPTEMBER, 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 the City Council authorizes the submittal of an application to the Alabama Historical Commission's Certified Local Government Grant program for the Fairhope Historic Preservation Commission and authorizes Mayor Sherry Sullivan to sign any and all necessary documentation. If awarded, the grant will fund a Historic Resources Survey. The maximum grant award is $29,999.40 and requires a 40% match; therefore, the City's portion would be $19,999.60. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5920-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes the submittal of an application to the Alabama Historical Commission's Certified Local Government Grant program for the Fairhope Historic Preservation Commission; and authorizes Mayor Sherry Sullivan to sign any and all necessary documentation. If awarded, the grant will fund a Historic Resources Survey in the amount of $49,999.00. The maximum grant award is $29,999.40 and requires a 40% match; therefore, the City's portion would be $19,999.60. DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk Page 19 of 258 28 September 2026 Councilmember Gammon introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council to reject all bids (Bid No. 26-045-2026-WAT-011) Water Treatment Plant #1 Liquid Treatment Upgrades; and authorize the re-bid of the project under Code of Alabama 1975, Section 41-16- 57(d). Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5921-26 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. 26-045-2026-WAT-011) Water Treatment Plant #1 Liquid Treatment Upgrades; and authorize the re-bid of the project under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 28TH DAY OF SEPTEMBER, 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 the Fairhope City Council approves the submittal of a RESTORE grant application for the North Beach Restoration Project in the amount of $8,927,380.00 and authorizes Mayor Sherry Sullivan to sign any and all necessary documents. If awarded, the project will be phased over multiple years to include engineering, design, and construction. Components of the project will include; duck pond and engineered wetland restoration, stormwater management improvements, shoreline and bluff restoration, public access, recreational and mobility improvements and more. No match is required. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Page 20 of 258 28 September 2026 RESOLUTION NO. 5922-26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, [1] That the Fairhope City Council approves the submittal of a RESTORE grant application for the North Beach Restoration Project in the amount of $8,927,380.00 and authorizes Mayor Sherry Sullivan to sign any and all necessary documents. If awarded, the project will be phased over multiple years to include engineering, design, and construction. Components of the project will include; duck pond and engineered wetland restoration, stormwater management improvements, shoreline and bluff restoration, public access, recreational and mobility improvements and more. No match is required. DULY ADOPTED THIS 28TH DAY OF SEPTEMBER 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 Fairhope City Council authorizes submission of a RESTORE grant in the amount of $13,255,000.00 for City of Fairhope Wastewater Treatment Plan Phase II Improvements; and authorizes Mayor Sherry Sullivan to sign any and all necessary documents. If awarded, the funding would cover multiple components of the wastewater treatment upgrade including: engineering and design for control building, UV disinfection, solids handling, digesters, order control for headworks and new digesters. There is no match requirement. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * Page 21 of 258 28 September 2026 RESOLUTION NO. 5923-26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, That the Fairhope City Council authorizes submission of a RESTORE grant in the amount of $13,255,000.00 for City of Fairhope Wastewater Treatment Plan Phase II Improvements; and authorizes Mayor Sherry Sullivan to sign any and all necessary documents. If awarded, the funding would cover multiple components of the wastewater treatment upgrade including: engineering and design for control building, UV disinfection, solids handling, digesters, order control for headworks and new digesters. There is no match requirement. DULY ADOPTED THIS 28TH DAY OF SEPTEMBER 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 Goodwyn Mills Cawood for (RFQ PS26-036) Professional Engineering Services - Coastal Engineering Services for Beach Monitoring - Magnolia Beach with a not-to-exceed amount of $80,000.00 for three (3) years. Seconded by Councilmember Booth, motion passed unanimously by voice vote. RESOLUTION NO. 5924-26 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 Goodwyn Mills Cawood for (RFQ PS26-036) Professional Engineering Services - Coastal Engineering Services for Beach Monitoring - Magnolia Beach with a not-to-exceed amount of $80,000.00 for three (3) years. DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 22 of 258 28 September 2026 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of a 2027 New Way Sidewinder XTR Automated Side Loader — 24 cubic yard with Severe Refuse Package Garbage Truck that is on Sourcewell (Contract #110223-NWY) with Sansom Equipment Company and therefore does not have to be let out for bid. The total amount not-to-exceed $339,629.00 plus freight. The cost is included in the FY2027 Proposed Budget. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5925-26 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 2027 New Way Sidewinder XTR Automated Side Loader - 24 cubic yard with Severe Refuse Package Garbage Truck that is on Sourcewell (Contract #110223-NWY) with Sansom Equipment Company and therefore does not have to be let out for bid. The total amount not-to-exceed $339,629.00 plus freight. The cost is included in the FY2027 Proposed Budget. ADOPTED ON THIS 28TH DAY OF SEPTEMBER, 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 Mayor Sherry Sullivan is hereby authorized to execute a contract with Gridco, Inc. for Professional Engineering Services for (RFQ PS26-024) for the Joint Use Attachment Survey and GIS Entry for the City Electric Department with a not-to-exceed contract amount of $204,360.00. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. Councilmember Burrell commented this will help recover lost monies. Page 23 of 258 28 September 2026 RESOLUTION NO. 5926-26 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 Gridco, Inc. for Professional Engineering Services for (RFQ PS26-024) for the Joint Use Attachment Survey and GIS Entry for the City Electric Department with a not-to-exceed amount of $204,360.00. DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 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 Council hereby approves the Homecoming Parade in Downtown Fairhope for Fairhope High School on Thursday, October 8, 2026, from 4:00 p.m. to 7:30 p.m. as well as the use of the Fairhope Beach Pavilion; and immediately following the parade for the bonfire pep rally. The route begins at the Fairhope Civic Center to Fairhope Avenue; right on Fairhope Avenue; then right to Pavilion. The City will provide for Public Safety. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5927-26 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves the Homecoming Parade in Downtown Fairhope for Fairhope High School on Thursday, October 8, 2026, from 4:00 p.m. to 7:30 p.m. as well as the use of the Fairhope Beach Pavilion; and immediately following the parade for the bonfire pep rally. The route begins at the Fairhope Civic Center to Fairhope Avenue; right on Fairhope Avenue; then right to Pavilion. The City will provide for Public Safety. ADOPTED ON THIS 28TH DAY OF SEPTEMBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 24 of 258 28 September 2026 Councilmember Booth introduced in writing, and moved for the adoption of the following resolution, a resolution That the City Council accepts the name change on the lease from Theatre 98, Inc. to Theatre 98 of Baldwin County, Inc. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5928-26 WHEREAS, on July 27, 2015, via Ordinance No. 1544, the City Council authorized the execution of a Municipal Lease Agreement between the City of Fairhope, Alabama (“Lessor”) and Theatre 98, Inc. (“Lessee”) for use of the premises located at 350 Morphy Avenue, Fairhope, Alabama; and WHEREAS, in 1984 Lessee was granted 501(c)(3) from the IRS under Theatre 98 of Baldwin County, Inc. and new Articles of Incorporation filed in the Baldwin County Probate Court; and WHEREAS, the Lessee requests that the City Council corrects the name on the lease that was renewed for an additional ten (10) years via Resolution No. 5523-25, with the same terms and conditions, on July 28, 2025. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City Council accepts the name change on the lease from Theatre 98, Inc. to Theatre 98 of Baldwin County, Inc. Adopted on this 28th day of September, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: ____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Booth moved to grant the request of Fairhope East K-6 Parent Teacher Corporation, Fairhope West Parent Teacher Partnership, and J. Larry Newton Parent Teacher Organization, are requesting permission to close the streets in downtown Fairhope on Saturday, February 27, 2027, from 6:00 a.m. to 10:00 a.m. for the 12th Annual "The Pirate Dash"; and requesting electricity at the starting/ending point of the race on the bluff (Henry George Bluff) with barricades at major road intersections to protect our runners. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 25 of 258 28 September 2026 Councilmember Gammon moved to grant the request of Rhydonna Moseley, Executive Director of Fairhope Educational Enrichment Foundation (FEEF), Requesting to serve beer and alcohol on Thursday, November 12, 2026, and Friday, November 13, 2026, for FEEF's Tennis Tournament to be held at the Mike Ford Tennis Center at 600 Morphy Avenue. Dinner on Thursday and brunch on Friday are included with registration for all players. These beverages will be available in accordance with Alabama Alcohol Beverage Control guidelines. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes and directs the Mayor to execute and deliver, on behalf of the City, a term sheet with the Lender respecting the Warrant. Seconded by Councilmember Booth, motion passed unanimously by voice vote. Councilmember Gammon commented this has been vetted and looked over. Councilmember Burrell said we picked out the best. RESOLUTION NO. 5929-26 BE IT RESOLVED by the City Council (the "Council") of the CITY OF FAIRHOPE (the "City"), as follows: Section 1. Findings. The Council has ascertained and does hereby find and declare as follows: (a) the City has an outstanding General Obligation Water and Sewer Warrant, Series 2026-A, dated May 1, 2026 (the “PNC Warrant”), payable to PNC Bank, which matures on November 1, 2026, (b) the City, through its financial advisor, PFM Financial Advisors, LLC, has requested, received, and reviewed proposals from various commercial banking and underwriting firms to refinance the PNC Warrant prior to maturity, and (c) the City has determined that the response (the “Terms Sheet”) of Webster Public Finance Corporation (“Webster”), attached hereto and incorporated herein by reference, is the most advantageous and desirable for the City. Section 2. Approval of Terms Sheet. In order to lock-in the interest rate offered by Webster, the Terms Sheet described above is hereby approved and authorized. Section 3. Authorization to Execute. The executive officers of the City are authorized to accept the Terms Sheet on behalf of the City and to execute and deliver the same. Page 26 of 258 28 September 2026 Section 4. Notice of Meeting to Consider Issuance. The City expects to consider an ordinance issuing its General Obligation Water and Sewer Warrant, Series 2026-B, to be dated the date of delivery (the “Webster Warrant”), at its October 12, 2026 regular meeting and to issue the Webster Warrant to refinance the PNC Warrant no later than October 31, 2026. Section 5. Further Action. The executive officers of the City are authorized to take such actions and to execute and deliver such other documents, contracts, and agreements as are necessary to issue the Webster Warrant and to refinance the PNC Warrant as described herein. ADOPTED this the 28th of September, 2026 CITY OF FAIRHOPE A Municipal Corporation ____________________________ James Reid Conyers, Jr. Council President ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk The following individuals spoke during Public Participation for Non-Agenda Items: 1) Gary Gover, 300 Lincoln Street, addressed the City Council regarding copper wire junction boxes that are cluttered all over the City. He asked, “what is the best way to enforce this? Councilmember Burrell replied a few years ago, we met with all providers regarding lines and what we expected from them. He said this may be an option. 2) Lynn Ellis, 312 Majestic Beauty Avenue, addressed the City Council regarding the flock camera issues. Councilmember Booth said we do not have these in the City. Mayor Sullivan explained that the City cannot enforce these on Federal, State, or County roads. Councilmember Gammon suggested she reach out to our State Legislators: Representative Jennifer Fidler and Senator Chris Elliott. 3) Claire Wang, Fairhope Junior City Councilmember, addressed the City Council regarding a competitive pool being added to the budget and putting it next to the school. Mayor Sullivan replied we could look at the new property; and we can do improvements at the outside pool. Page 27 of 258 28 September 2026 Councilmember Robinson 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 7:30 p.m. James Reid Conyers, Jr., Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 28 of 258 28 September 2026 Councilmember Gammon’s Questions regarding the FY2026 – 2027 Budget and City of Fairhope’ responses. Where are we projecting to end the year on city sales tax? The number seems a little low in budget? Estimated year end $11,030,000.00. Previous Council had directed me to budget conservative. Due to Simplified Sellers Use Tax (SSUT), the local sales tax is not increasing like in past years. Wine tax in PJ just seems wildly low, for years? Wine tax is paid by the distributors, and the tax is 5% of wholesale price. Why such a jump, and fluctuation over the years, in consumer use tax? FY2027 Budget is based on FY2025 actuals. Major jump in our 26 actual to 27 budget. Same question for the financial institute tax. FY2027 Budget was based on average of FY2024 and FY2025. I'd advise reaching out to our inside the city and PJ lodging tax businesses. What are their projections? That is not how this has been handled in the past but can certainly do that moving forward if that is how council wants to project the revenue. How do we determine the increases in admin services charges from the utilities? Is this a straight formula by ordinance? If salaries and benefits increase, the admin services charges increase. Treasury took over the budget process when Mayor Sullivan was elected. Treasury has continued to use the same spreadsheet/calculations that have been used for years. I found files from FY2014 that use the same spreadsheet. How much of the police budget is NOT related to the new precinct? Can you outline what the increase in operational spending would be without a new precinct being built? Also, what are total costs associated with the new build? The new precinct accounts for $3 million of the proposed police budget. The increase in operational spending outside of the new precinct is primarily attributable to the following items: Motorola Annual Cloud Storage – $80,000 Investigative Research Resource – $18,000 Laptop Replacements – $25,000 Two Additional Police Vehicles, including all necessary equipment – $253,600 Animal Control Vehicle Conversion Kit – $20,000 Dispatch Radio Console Replacements – $168,000 These items represent a total of $564,600 in additional operational expenditures. What does the line "other employee insurance" represent? Employer provided benefits, such as Life Insurance with AD&D, STD, LTD, and ComPsych annual fees. What is driving the increase in professional services and legal fees in GGA? Addition of HUD Grants Management expense. Page 29 of 258 28 September 2026 Revenue Department salaries are up 11% with only one addition to staff at 55k. Why so much versus actual this year? Actuals are through August, and still have an additional month of expense. Also, we have adjustments budgeted to Revenue Salaries for proposed adoption of Evergreen Study pay/classification scale. The Evergreen scale included increases for most of the customer service staff to bring them up to the minimum of the new pay grade. The salaries also include a 3% merit increase for each employee that managers have the ability to give based on performance. Those are given on an employee’s anniversary date. A large increase there in training/travel as well vs actuals. Why? The actuals normally run around $11-12K, in FY26 we had to send a staff member from this department to a training that was included in General Admin’s Training budget. They sent a different employee due to an employee being sick and not able to attend and so we did not lose registration. Planning department salaries show only a 2% increase, but it's much closer to 33% compared to 25 and 26 actuals. I only see an intern being added. Adding Code Enforcement Officer. Why such a massive increase? How many positions aren't getting filled? There is a city Planner position and code enforcement officer position that are vacant. Both are in the interview process. They have been slow to fill just based on having time to interview and vet candidates. They had hired a code enforcement officer and when the admin assistant left, they promoted the new code enforcement to that position and then had to fill it again. Also, they were letting the Planning manager get his feet under him so he could help with the planning hire. What is going on with professional services over the years? Nothing, then a massive spike, then nothing, now another spike. Several things included this year but the largest is related to the zoning ordinances and waiting for that to be complete so we can move to the next phase of clean up. Included items are below: 1. Zoning Ordinances & Subdivision Regulations, $150K, cleaning up all regulations, formatting documents, legal review, etc. 2. Third party review, and engineering, when needed 3. Zoning Ordinances & Subdivision Regulations, $159K, cleaning up regulations, formatting documents, legal review 4. B&P & LID workshops 5. ACAMP grant, $50k match stormwater and LID techniques, cannot start until after Oct. This has already been approved by council resolution. Same question with building salaries as planning. Why the large jump? Vacant positions (Chief Building Inspector & Permit Tech) along with Salary Adjustments attributable to Adoption of Evergreen Study pay/classification scale. There is also a 3% performance merit allocation for each employee built into this number. Professional services also very high compared to actuals over the last 3 years. Why the jump? Historic Preservation District study $35K was in FY26 Budget but not yet done. It is in the FY27 proposed budget. We are also applying for some potential grant funding that is on the agenda Monday night. Page 30 of 258 28 September 2026 Police vehicle purchases are very high. I'd like us to be presented with different options, take another look at size requirements, and inquire about the two electric options being offered by Ford and Chevy. Based on the fact we own the fuel, and prices are very high for gasoline, I think it is worth comparing. Analysis of different options will need to be done. Currently in-house Fleet Maintenance/Mech Shop keeps up all maintenance for the Police vehicles. Electric vehicle on-going maintenance will need to be part of analysis. Why is civic center general maintenance and small equipment so much higher versus actuals and years past? Replacement of Tables & Chairs for $43K has been in the budget and ordered but has not yet been received. Rolled over into FY27 Budget. When was our last increase in library appropriations? And what was the increase? In 2024, the appropriation went from $875,000.00 to $918,750.00 and there has not been an increase since. Golf salaries is the same question as planning, why the increase versus actuals? The greens renovation project affected the amount of play on the course which directly affects the number of employees. Less play equals less employees needed and results in lower actual salary expense. Also, there is a lot of turnover for cart attendants. My concerns with golf expenses remain from the sit sit-down session. I'll go into more depth during Monday's meeting. I have serious concerns with pro shop expenses. We are instituting Inventory at end of the year as of 09/30/26. This will reduce the Pro-Shop expense for items that have not yet been sold. The value of these items will be moved to the balance sheet. Also, the new golf director is doing an inventory sale in November, and you will see a change in the Pro shop, less inventory and better pricing. Am I right that facilities was split off from streets? If so that's around an 11% increase in spending YoY. What's driving this upper end of departmental increase? The increase is mainly attributable to the increase in the Capital line items. In 001350 - 50470 Capital Vehicles & Equipment Purchases we are adding a Street Sweeper at $365K when in FY26 we added a Skid Steer & Wheel Roller which totaled about $145K. Also, the increase in Capital Improvements for additional Roundabout Art Project in FY2027 of $255K. Page 31 of 258 STATE OF ALABAMA ) ( : COUNTY OF BALDWIN ) ( The City Council met in a Work Session at 4:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 28 September 2026. Present were Council President Jimmy Conyers, Councilmembers: Jack Burrell (arrived at 4:06 p.m.), Joshua Gammon (arrived at 4:32 p.m.), and Andrea Booth, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell (arrived at 4:15 p.m.), and City Clerk Lisa A. Hanks. Councilmember Jay Robinson was absent. Council President Conyers called the meeting to order at 4:08 p.m. The following topics were discussed: • The first item on the Agenda was the Discussion of City of Fairhope's Certified Local Government ("CLG") Grant application for a Historic Resources Survey on behalf of the Fairhope Historic Preservation Commission by Building Official Erik Cortinas and Grant Coordinator Nicole Love. Mr. Cortinas explained the scope of work for the consultant and properties. Ms. Love explained the amount of the grant and the City’s portion. Mr. Cortinas said that he and City Clerk Lisa Hanks told the Fairhope Historic Preservation Commission that they could not form new Districts. • The Discussion of RESTORE Act Grants submittal was next on the Agenda. Mayor Sullivan and Ms. Love explained the two proposed grant submittals: Wastewater Treatment Plant Upgrades Phase II and the North Beach Park Upgrades. They said hopefully we will receive both grants. Councilmember Burrell questioned the North Beach Upgrades and not being involved in the decision on the grants. Ms. Love explained that this was just the submittal of the grant; and there will be more discussions once grant is awarded. Mayor Sullivan commented that RESTORE Act Committee will decide on which bucket funds will come from. Councilmember Burrell questioned if Fairhope Docks and the jetties that are needed could be a project. City Engineer Richard Johnson explained the process and then tweaked by the City Council. He said first we get money awarded and then define the scope of work. • The next item on the Agenda was the Recommendation by Recreation Board recommending that the City Council approves changing the current city-approved 12.5% fee structure for food trucks and other outside vendors at recreational events to a flat fee per day of $50 to be managed through the Parks and Recreation staff as part of the Recreational Facility Usage Rental Agreement. Mayor Sullivan and Recreation Director Pat White explained the reason for the recommendation; and answered any questions. Councilmember Burrell asked why the Franchise Agreement was not followed; and said to inform them on the agreement. Mayor Sullivan said this is part of the Rental Agreement. Councilmember Burrell said this will invite more vendors. Mayor Sullivan replied this will help the City enforce these food trucks. Council President Conyers commented it better than getting nothing. Page 32 of 258 Monday, 28 September 2026 Page -2- • The Recommendation by the Recreation Board recommending that the City Council approves the updated Recreational Facility Usage Grid, with updates from previously approved rental rates to provide more clarity in the application was next on the Agenda. Mayor Sullivan said this is just formatting with nothing else changing. • Planning Director Hunter Simmons began the Discussion on the Zoning Amendment Update regarding Mixed-Use Buildings and Impervious Surface. Mr. Simmons commented we may need to tweak K. which is impervious percentage. Councilmember Burrell questioned, “do we want to allow more run off?” Mr. Simmons replied if lowered it would have a burden on homeowners. Mr. Simmons explained the options for Mixed-Use Buildings: Option 1 the minimum is 1,815; and Option 2 has prescribed D.U./Lot Size. Councilmember Gammon questioned why did you strike (6) and subdivide. Council President Conyers asked, “what is the best mechanism or way to handle this?” Mr. Simmons change in the CBD; zoning could limit in CBD. Councilmember Gammon said it was based on feedback from constituents. Council President said units per acre is the best way. He asked Mr. Simmons to get more information and report back to the City Council. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Item No. 16; and answered any questions if needed. • City Treasurer Kim Creech addressed the City Council regarding Agenda Items No. 12, No. 13, No. 14, and No. 26; and answered any questions if needed. Councilmember Gammon asked about the expenses. Councilmember Burrell asked about transfers; and Sales Tax and debt payoff. He commented departments with double digits nor sustainable. Council President Conyers said 9% increase in not sustainable. City Treasury Creech replied that the 3 percent merit would be given on the employee anniversary date. Council President Conyers said we can purge position if not filled. City Treasury Creech explained the GOW for Water and Sewer RFP and the term sheet from the bank. Council President Conyers said the bond companies would not lock the rate in; and we are addressing the $30,000,000.00 due now. • Human Resources Director Hannah Noonan addressed the City Council regarding Agenda Items No. 14, No. 6, and No. 10; and answered any questions if needed. Councilmember Gammon questioned compensation total and pay scales without complete Study. • Building Official Erik Cortinas addressed the City Council regarding Agenda Items No. 7 and No. 15; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 11, No. 17, and No. 1; and answered any questions if needed. • Public Works Director John Thomas addressed the City Council regarding Agenda Item No. 20; and answered any questions if needed. • Electric Superintendent Ben Patterson addressed the City Council regarding Agenda Item No. 21; and answered any questions if needed. • Planning Director Hunter Simmons addressed the City Council regarding Agenda Items No. 5 and No. 9; and answered any questions if needed. Page 33 of 258 28 September 2026 Page -3- • Attorney Chris Williams addressed the City Council regarding Agenda Item No. 8 and explained the “Legal Stance” on this issue. He said City Council can make the determination having no newspaper in the City; and can post in four public facilities and on the City website. He said this is a fair and transparent way to view notices and documents. Council President Conyers said we need to make sure we send information to citizens. • Mayor Sullivan addressed the City Council regarding Agenda Item No. 18; and answered any questions if needed. • City Clerk Lisa Hanks addressed the City Council regarding Agenda Item No. 23; and answered any questions if needed. • Rhydonna Moseley addressed the City Council regarding Agenda Item No. 25 and asked if she could use Pirate Pit’s food truck for this event. She was told to make sure the 12.5% was collected. There being no further business to come before the City Council, the meeting was duly adjourned at 5:47 p.m. ______________________________ James Reid Conyers, Jr. Council President _____________________________ Lisa A. Hanks, MMC City Clerk Page 34 of 258 AB CITY OF FAIRHOPE FY 2027 BUDGET HIGHLIGHTS Page 35 of 258 FY 2027 BUDGET HIGHLIGHTS I. Investments in critical infrastructure to maintain and improve quality of life in the City of Fairhope continue to be our primary focus , by utilizing external funding sources where applicable and the strategic use of our reserves. • $53.6 Million in Utility System Improvements • $4 Million in road resurfacing , on-street parking and drainage projects , and sidewalks • $2.9 Million in traffic and transportation improvement projects 2. Protecting our natural environment for the enjoyment of all patrons by maintaining safe, clean, aesthetically pleasing City parks and designated recreation areas and facilities. • $6.1 Million in parks and facility investments • $2 .3M investment in Safe Room for I st Responders (Funded by 90/ IO Grant) 3. Personnel Costs • Salaries and Benefits are budgeted at a 9% increase in comparison to FY26 Budget. This includes increase in health insurance costs and expenses associated with adoption of new classification/pay scale due to Evergreen compensation study. • I 5 New positions ( I I FT and 4 PT) 2 Page 36 of 258 FUND DESCRIPTION FY27 BUDGET AMOUNT GENERAL FUND $62,924,645 SANITATION FUND $4,655,390 GAS FUND $17,220,646 ELECTRIC FUND $26,154,470 WATER/WASTEWATER FUND $68,385,872 CAPITAL PROJECT FUND $15,902,087 IMPACT FEES FUND $4,691,443 GAS TAX FUND $120,500 REBUILD ALABAMA FUND $211,300 MUNICAL CAPITAL IMPROVEMENT FUND $230,000 CORRECTIONS FUND $170,000 TOTAL FUNDS BUDGET $200,666,353 3 Page 37 of 258 FY26 FY27 % FUND BUDGET BUDGET CHANGE GENERAL FUND $56,841,939 $62,924,645 10.7% SANITATION FUND $4,902,015 $4,655,390 -5.0% GAS FUND $16,436,227 $17,220,646 4.8% ELECTRIC FUND $30,442,065 $26,154,470 -14.1 WATER/WASTEWATER FUND $70,178,703 $68,385,872 -2.6% CAPITAL PROJECT FUND $21,911,893 $15,902,087 -27.4% IMPACT FEES FUND $3,232,103 $4,691,443 45.2% GAS TAX FUND $118,600 $120,500 1.6% REBUILD ALABAMA FUND $396,000 $211,300 -46.6% MUNICAL CAPITAL IMPROVEMENT FUND $230,000 $230,000 0.0% CORRECTIONS FUND $100,000 $170,000 70.0% TOTAL FUNDS BUDGET $204,789,545 $200,666,353 -2.0% 4 Page 38 of 258 • Ad Valorem Tax • Local Taxes • Licenses and Permits • Charges for Services • Intergovernmental • Recreation • Other Revenue ■ Transfers FY 2027 General Fund Revenues By Source Other Revenue \ 13% \ Recreation , 5% ' Intergovernmental __ 1% Charges for Services __..,.,..-'I 10% Licenses and Permits 10% Transfers ~Ad Valorem Tax ~ 21% Local Taxes 32% 5 Page 39 of 258 FY 2027 Budgeted Expenses by Function of Government ■ General Government ■ Public Safety ■ Public Works Other Expenses/Transfers 7% Debt Service \ \ 0% Economic & Community Dev ___......,...-- 2% ■ Culture and Recreation Culture and Recreation _ ■ Economic & Community Dev ■ Debt Service ■ Other Expenses/Transfers ■ Staff Agencies & Appropriation 21% Public Works 18% Staff Agencies & Appropriation I 3% General Government / 18% ~Public Safety 31% 6 Page 40 of 258 GENERAL FUND Capital Equipment ($6.4M) • Equipment • NewVehicles • Street Sweeper • Garbage Truck Infrastructure ($8.9M) • New Precinct • Building Improvements • Park Improvements • Street Resurfacing • Drainage Improvements • Traffic Improvements • Sidewalk Construction Page 41 of 258 GAS DEPARTMENT Capital Equipment ($206K) • Equipment • New Vehicle Infrastructure ($ I 20K) • Building Improvements Zl'1tl System Improvements ($7.3M) • Meters and Regulators • Phase 3 Construction of Cast Iron Replacements • Phase 4 Engineering of Cast Iron Replacements 8 Page 42 of 258 ELECTRIC DEPARTMENT Capital Equipment ($821 K) • Equipment • NewTrucks Infrastructure ($30K) • Yard Improvement System Improvements ($7.3M) • Pole Change Out and Reconductors • Traffic Light Improvements • Primary Metering Cabinets Page 43 of 258 .f t WATER DEPARTMENT Capital Equipment ($290K) • Equipment • New Vehicle Infrastructure ($195K) • Building Improvements SCADA Capital Purchase($50K) • Upgrading Scada System Improvements ($7.3M) • Water Meters • Water Main Replacements • NewWaterTank • NewWell 10 Page 44 of 258 WASTEWATER DEPARTMENT Capital Equipment ($525K) • Equipment • NewTrucks Infrastructure ($30K) • Wastewater Treatment Plant Improvement System Improvements ($17.6M) • Insert-Valves • Lift Station Rehab • Plant Expansion Phase II • Plant Blowers Page 45 of 258 Totaling more than $1. 7 million • Library ($978K) • The Haven ($ I ?OK) • Rotary Youth Club ($59K) • Airport Authority ($275K) • Community Partners ($235K) • Eastern Shore Art Center • Eastern Shore Chamber of Commerce • Downtown Fairhope Business Association • Ecumenical Ministries • Baldwin County Economic Development Alliance • Mobile Bay NEP • Others 12 Page 46 of 258 I I New full-time and 4 new part-time positions • I Environmental Intern (PT) • I Revenue Technician (FT) • 2 Police Officers (2 FT) • I School Resource Officer (PT) • I Corrections Officer (FT) • I Marina Worker (PT) • I Parks Maintenance Worker (FT) • I Tennis Facility Maintenance Worker (FT) • I Custodian (FT) • I Park Ranger Intern (PT) • I Sanitation Hopper (FT) • I Gas GPS Technician (FT) • I Electric Groundworker (FT) • I Line Locate Supervisor (FT) 13 Page 47 of 258 8 October 2026 Page 48 of 258 8 October 2026 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in Special-Called Emergency Session at 8:30 a.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Thursday, 8 October 2026. Present were Council President Jimmy Conyers, Councilmembers: Joshua Gammon, Jay Robinson, and Andrea Booth (arrived at 8:39 a.m.), Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Jack Burrell was absent. There being a quorum present, Council President Conyers called the meeting to order at 8:30 a.m. and explained the reason for the special-called meeting was Hurricane Isaias. The invocation was given by Council President Conyers; and the Pledge of Allegiance was recited. Council President Conyers read the resolution in its entirety. Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to declare a State of Emergency for the City of Fairhope due to Hurricane Isaias. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. RESOLUTION NO. 5930-26 WHEREAS, Governor Kay Ivey declared a “State of Emergency in the State of Alabama effective on Wednesday, October 7, 2026 at 4:00 p.m.” which was associated with Tropical Storm Isaias that is continuing to develop in the Gulf; WHEREAS, Tropical Storm Isaias has become a Hurricane with the potential to make landfall in or near Mobile and Baldwin counties; and WHEREAS, the City Council of the City of Fairhope hereby declares a State of Emergency within the City of Fairhope effective at 8:30 a.m. on Thursday, October 8, 2026 due to Hurricane Isaias within the meaning of Alabama Code Section 39-2-2(e); and WHEREAS, that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, all contracts determined to be necessary to meet the emergency without public advertisement pursuant to the Code of Alabama; and Page 49 of 258 8 October 2026 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, WHILE IN REGULAR SESSION ON OCTOBER 8, 2026 as follows: The City Council of the City of Fairhope hereby declares an emergency effective at 8:30 a.m. on Thursday, October 8, 2026 associated with Hurricane Isaias with the potential to make landfall in or near Mobile and Baldwin counties; and hereby authorizes and directs the Mayor and City Clerk to execute and attest, respectively, all contracts determined to be necessary to meet this emergency . ADOPTED THIS 8TH DAY OF OCTOBER, 2026 __________________________________ James Reid Conyers, Jr. Council President ATTEST: _________________________________ Lisa A. Hanks, MMC City Clerk Mayor Sullivan gave an update regarding Hurricane Isaias and said we have a great team who is ready. She said right now they are looking at landfall near the Florida-Alabama line. Mayor Sullivan said we will continue to monitor the storm which will either be a strong Category 1 or a Category 2 at landfall. She commented that one of our main concerns is the storm surge with up to 5 to 7 feet. Mayor stated that the City would be closing around noon tomorrow or earlier; and said we will know more after our Leadership Team meeting this afternoon. She said we have been in touch with our mutual aid; have on-call staff on stand-by such as customer service; and everyone should stay inside and let us do our jobs. She stated that a shelter has been opened at the Baldwin County Fair Grounds. Mayor Sullivan said pray for everyone and stay safe. Councilmember Gammon thanked Mayor Sullivan for getting the word out regarding generators and where these should be used; not in your house or garage. Council President Conyers said, “Go Pirates” with the game being moved to tonight; and hopes everyone has a great “Fall Break.” Page 50 of 258 8 October 2026 Councilmember Robinson moved to adjourn the meeting. Seconded by Councilmember Gammon, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 8:44 a.m. James Reid Conyers, Jr. Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 51 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1189A FROM: Hunter Simmons, Planning Director SUBJECT: Public Hearing - To amend Zoning Ordinance No. 1253 — Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Michael Jason Tickle for Conditional Annexation to R-1, Low Density Single-Family Residential District. The property is located on the east side of South Section Street, south of Twin Beech Road and is 20.11± acres. PPIN #: 28640 AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance to zone the property of Michael Jason Tickle to R-1 with conditional annexation. BACKGROUND INFORMATION: If approved, a subdivision application will be submitted to the Planning Commission for this subject site as Phase 2 of the existing Windrow Subdivision Phase 1. The site is currently in Baldwin County jurisdiction zoned Base County Zoning (BCZ). This application received a unanimous recommendation of approval from the Planning Commission. 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 52 of 258 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 53 of 258 ORDINANCE NO. ____ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Michael Jason Tickle 2020 Trust, (containing 20.11 acres, more or less) and generally located at the east side of Section Street, south of Twin Beech Road, as described in the below legal description. (Case number ZC 26.07) PARCEL "A" THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN SOUTH 30.12 FEET TO A CAPPED REBAR (WATTIER) ON THE SOUTH RIGHT-OF-WAY LINE OF TWIN BEECH ROAD (60' R/W); THENCE RUN SOUTH 00°-08'-04" WEST A DISTANCE OF 400.23 FEET TO A 1-1/2" CAPPED PIPE; THENCE RUN SOUTH 00°-18'-07" EAST A DISTANCE OF 235.93 FEET TO A 1- 1/8" x 3/4" FLAT BAR AT THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE RUN SOUTH 00°-31'-06" WEST A DISTANCE OF 659.08 FEET TO A CAPPED REBAR (FAIRHOPE); THENCE RUN SOUTH 89°-51'-35" WEST A DISTANCE OF 1,325.28 FEET TO A 5/8" REBAR; THENCE RUN NORTH 00°- 05’-52" EAST A DISTANCE OF 660.41 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN NORTH 89°-55'-07" EAST A DISTANCE OF 1,330.12 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 20.11 ACRES, MORE OR LESS, AND IS THE SAME PROPERTY DESCRIBED AS PARCEL 4 IN THE STATUTORY WARRANTY DEED RECORDED IN INSTRUMENT 1661260 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA. A map of the property to be rezoned is attached as Exhibit A. Hereafter, it shall be lawful to construct on such property any structures or buildings permitted by Ordinance No. 1253 and to use said premises for any use permitted by Ordinance No. 1253. Any building or structure constructed on the property shall comply with the building laws of the City of Fairhope and any building or structure shall be approved by the Building Official of the City of Fairhope. The subject site shall be restricted to a maximum density of 1.4 units per acre per the request of the Property Owner. Page 54 of 258 Ordinance No. ____ Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. Page 55 of 258 Page 56 of 258 Page 57 of 258 Page 58 of 258 Page 59 of 258 Page 60 of 258 Page 61 of 258 Planning Commission (8 Ayes) (0 Nays) to recommend approval of ZC 26.07 Michelle Melton-Null Page 62 of 258 ZC 26.07 – Windrow SD Phase 2 August 3, 2026 Page 1 of 6 SUMMARY OF REQUEST Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Michael Jason Tickle 2020 Trust, for Conditional Annexation to R-1, Low Density Single-Family District for Windrow Phase 2. The property is located at South Section Street, south of Twin Beech Road and is 20.11± acres. SITE HISTORY There have not been any prior Planning Commission or Board of Adjustments cases on this site. STAFF COMMENTS The subject site is currently within Baldwin County jurisdiction zoned BCZ, Base County Zoning District. The Baldwin County Zoning Ordinance is very vague regarding BCZ and does not provide dimensions. BCZ is a placeholder zoning designation. The subject site mostly abuts other BCZ parcels. The southeastern corner of subject property is adjacent to Old Battles Village, Ph. 6 , which is a Fairhope zoned PUD. Directly to the west is Phase 1 of the Windrow SD, which is Fairhope zoned R-1. See below. Baldwin County Zoning Map City of Fairhope Zoning Map Page 63 of 258 ZC 26.07 – Windrow SD Phase 2 August 3, 2026 Page 2 of 6 If conditional annexation is granted the Applicant requests to be zoned R -1. Article III of the City of Fairhope Zoning Ordinance defines R-1 Districts and addresses lot dimension and allowed Uses as follows: “R-1 Low Density Single-Family Residential District: This district is intended to provide choices of low- density suburban residential environment consisting of single -family homes on large parcels of land. It is sub- classified into four categories (R-1, R-1a, R-1b, and R-1c) based on lot sizes.” A development plan was not submitted nor required. However, Applicant is proposing 28 single family residential homes on the subject property. There are 21 lots in Windrow SD, Ph. 1. Citizen Comments One (1) letter from a county resident was received. The questions presented in the letter mostly concern issues that are considered in a subdivision case (i.e. drainage and traffic), which should be forthcoming for this parcel. The letter is included in the packet. Wetlands The Applicant did not submit a wetland delineation with the application . Baldwin County GIS does show a small area of “potential wetlands” within the eastern half of the parcel that will need to be addressed with any proposed development. See Exhibits. City regulations are more stringent regarding wetlands and other surface waters than County regulations. The “potential wetlands” may very well be wetlands per the City’s regulations. Utilities Riviera Utilities can provide power. Fairhope Utilities is available for water, sewer, and gas. AT&T can provide telecommunications. Page 64 of 258 ZC 26.07 – Windrow SD Phase 2 August 3, 2026 Page 3 of 6 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 to Planning Commission to recommend APPROVAL of ZC 26.07 – Windrow SD, Phase 2, conditional annexation with request to rezone property from Baldwin County zoned Base County Zoning (BCZ) to Fairhope zoned R-1, Low Density Single-Family Residential District. Page 65 of 258 EXHIBITS ZC 26.07 – Windrow SD Phase 2 August 3, 2026 Page 4 of 6 Excerpt from Table 3-2: Dimension Table – Lots and Principle Structure Dimension District or Use Min. Lot Area / Allowed Units Per Acre (UPA) Min. Lot Width Front Setback Rear Setback Side Setback Street Side Setback Max. Total Lot Coverage by All Structures Max. Height R/A 3 acres/ - 198’ 75’ 75’ 25’ 50’ none 30’ R-1 15,000 s.f./ - 100’ 40’ 35’ 10’ b 20’ 40% 30’ a R-1a 40,000 s.f./ - 120’ 30’ 30’ 10’ b 20’ 25% 35’ R-1b 30,000 s.f./ - 100’ 30’ 30’ 10’ b 20’ 25% 35’ R-1c 20,000 s.f./ - 80’ 30’ 30’ 10’ b 20’ 25% 35’ Page 66 of 258 EXHIBITS ZC 26.07 – Windrow SD Phase 2 August 3, 2026 Page 5 of 6 Page 67 of 258 EXHIBITS ZC 26.07 – Windrow SD Phase 2 August 3, 2026 Page 6 of 6 Survey: Subject Site is Parcel “A” Page 68 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1218A FROM: Hannah Noonan, Human Resources Director Lisa Hanks, City Clerk SUBJECT: Repealing Ordinance No. 1478 - Compensation and Job Classifications adopted in 2012. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance repealing Ordinance No. 1478 - Compensation and Job Classifications adopted in 2012. BACKGROUND INFORMATION: The City of Fairhope Compensation and Job Classifications Plan prepared and proposed by Evergreen Solutions, LLC along with the City’s Project Team is hereby adopted as the formal compensation structure and job classification plan governing personnel of the City of Fairhope. This plan includes a series of pay grades for all jobs within the City of Fairhope with each allocated to a specific pay grade having a minimum, midpoint, and maximum. Adopted on September 24, 2012. This should have been repealed when the City Council adopted Resolution No. 4487- 22: That the City Council approves and adopts the following recommendations received by the Government & Economic Development Institute (GEDI) with Auburn University, the Fairhope Personnel Board, and Mayor Sherry Sullivan for pay increases for City Employees. Adopted on June 27, 2022. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 69 of 258 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 70 of 258 ORDINANCE NO. _____ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: That the City of Fairhope City Council hereby repeals the following Section of the City of Fairhope Code of Ordinances: 16-9. Compensation and Job Classification Plan adopted in September 2012. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF OCTOBER, 2026 _________________________________ James Reid Conyers, Jr. Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 12TH DAY OF OCTOBER, 2026 _________________________________ Sherry Sullivan, Mayor Page 71 of 258 Page 72 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1241A FROM: Erik Cortinas, Building Official SUBJECT: An Ordinance Repealing and Replacing Ordinance No. 1817; and Establishing Impact Fees on New Development in the City of Fairhope, Alabama. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance Repealing and Replacing Ordinance No. 1817; and Establishing Impact Fees on New Development in the City of Fairhope, Alabama. 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 73 of 258 ORDINANCE NO. _____ Be it ordained by the City Council (the “Council”) of the City of Fairhope, Alabama (the “City”) as follows: Section 1. Findings. In accordance with the Act, the City has been authorized by the Legislature of the State of Alabama to adopt and impose impact fees on new development within the City’s corporate limits. In support of the adoption and imposition of such impact fees, the Council makes the following findings: (A) The City is a municipal corporation vested with a portion of the state’s sovereign power to protect and provide for the public health, safety, and welfare. The City is authorized to adopt and implement comprehensive plans, zoning ordinances and other land use regulations to assure its orderly development. (B) The City is a fast-growing community of over 24,000 full time residents. In calendar years 2022 - 2023, approximately 1,322 new building permits and renovation permits were issued. (C) The City encourages development that will make the City a vital, attractive community to serve both residents of the City and the substantial and significant number of visitors who visit the City on a yearly basis. (D) New residential and nonresidential development, however, imposes increased and excessive demands upon public facilities. As demand for public facilities has increased, funding sources for those facilities have decreased at both the state and federal level. In addition, demand for new facilities necessitated by new development impairs the ability of the City to maintain existing facilities because funds must be diverted to construction or expansion of new facilities. (E) The City’s current Comprehensive Plan projects that new development will continue and will place ever-increasing demands on the City to provide public facilities to serve new development. (F) Following the adoption of the Act by the Legislature of the State of Alabama, the City engaged the consulting firm TischlerBise for purposes of preparing an impact fee study. With input from the City, TischlerBise prepared an “Impact Fee Study” for the City dated September 9, 2024 (the “Study”). (G) The Study demonstrates the monetary needs of the City in adding the additional governmental infrastructure necessary to keep pace with the City’s growth. (H) In accordance with Alabama Code § 45-2-243.86, a public meeting during a Work Session of the City Council was held on October 14, 2024 at City Hall with a representative of TischlerBise to present the Study to the Council and the public and to address the City’s governmental infrastructure needs as a result of new development. A public hearing was held on December 9, 2024 to give the public the opportunity to provide additional comments. (I) To the extent that new development places demands upon public facilities, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public to the development creating the demands. Page 74 of 258 Ordinance No. ____ Page -2- (J) An impact fee, established in accordance with this Ordinance, will benefit new development. (K) This Ordinance is further implemented to clarify typographical errors in Ordinance No. 1817 and clarify the calculation method related to additions or improvements to existing single family homes. Section 2. Authorization. This Ordinance is enacted pursuant to the Act and the City’s general police power and land use authority. Section 3. Purpose and Intent. The purpose of this Ordinance is to establish procedures to: (A) determine what local capital improvements are reasonably necessary to serve New Development and the cost thereof; (B) determine the portion of the demand for local capital improvements created by particular types of New Development; and (C) assess against New Development an Impact Fee to finance the cost of local capital improvements proportional to the New Development’s demand for said capital improvements. Section 4. Definitions. Whenever used in this Ordinance, the following capitalized words, terms, and phrases, and their derivations, shall have the meanings ascribed to them below except where the context clearly indicates a different meaning: “Act” shall mean the enabling legislation for Impact Fees applicable to Baldwin County, Alabama as established by the Alabama Legislature and set forth in Alabama Code §§ 45- 2-243.80 through 45-2-243.87 (Act 2006-300), as the same may hereafter be altered or amended from time to time. “All Other Housing” means residential housing units and/or structures other than single- family residential structures, and includes, without limitation, duplexes, triplexes, apartments, condominiums and other multi-family developments. “Applicant” shall mean any person or entity making an application for a Building Permit with the City. “Benefit Area” means one or more areas as defined herein which are used to calculate the costs and expenses relative to the Governmental Infrastructure needs created by a particular type of New Development. “Building Department” means the City’s Building and Inspection Department. “Building Permit” means a document issued by the City authorizing construction of new buildings and/or improvements within the City’s corporate limits. “Business Park” means a cluster of associated businesses, usually in a campus setting, typically consisting of the use of buildings for the administration of business, professional firms and other organizations. “Calculate” means to determine the amount of the Impact Fees assessed against a particular New Development in accordance with the terms and conditions of this Ordinance and the Act. “City” means the City of Fairhope, Alabama. Page 75 of 258 Ordinance No. ____ Page -3- “Com/Shop Ctr” means a building or series of buildings in which retail and/or wholesale sales and services will be delivered to the public. “Estimated Fair and Reasonable Market Value” shall have the meaning ascribed to such term in Alabama Code § 45-2-243.84. “Fire” means a Benefit Area for (i) the construction, development and/or improvement of fire stations, (ii) the acquisition of fire fighting vehicles, and (iii) the acquisition of firefighting apparatus, and (iv) the fire component of the Study and/or any other impact fee study obtained by the City in connection with the imposition of Impact Fees. “Governmental Infrastructure” shall have the meaning ascribed to such term in the Act. “Impact Fee” shall have the meaning ascribed to such term in the Act. “Impact Fee Account” means a special interest-bearing account of the City established by the City at a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation. “Impact Fee Committee” means a committee chaired by the Mayor and comprised of the Mayor, the City Treasurer, the City Building Official, the City Public Works Director, the Chief of the Fairhope Volunteer Fire Department, the Chief of the Fairhope Police Department, and the City’s Director of Parks and Recreation. “Impact Fee Schedule” means the schedule of fees adopted by the Council setting the base fee amount for each Benefit Area and the total Impact Fee for each type of New Development, which schedule is attached hereto as Exhibit “A” and which is incorporated herein by reference. “Light Industrial” means facilities used for the manufacturing or assembly of products to their final form. These uses could be enclosed or could have outside storage of equipment, materials or merchandise. In addition to the actual production of goods, industrial facilities generally also have incidental office, warehouse and associated functions. “Lodging” means a building or group of buildings having five (5) or more guest rooms under a common or individual ownership and single management. These buildings are designed to give, for a fee, transient guests sleeping accommodations and may include as incidental uses, restaurants, cafes, lounges or other guest services. These buildings typically, but do not necessarily have to, have an inner lobby and furnish a room cleaning service for their paying customers. “Manufacturing” means a building or series of buildings for businesses engaged in economic activity involving construction, production, processing, transformation, warehousing, wholesale, and disposal of goods, products and component parts of goods and products, including related services. “New Development” shall mean the subdivision of land, the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; any use of the extension of the use of land; any of which increases the demand on governmental infrastructure. “Nonresidential Development Project” means all New Development in the City other than Residential Development Projects, and shall include, without limitation, any New Development project consisting of one or any combination of Comm/Shop Ctr, Office/Inst, Business Park, Light Industrial, Warehousing, Manufacturing and Lodging. “Occupancy classification” means the intended use of a structure or tenant spaces within a structure as defined by the International Building Code. Page 76 of 258 Ordinance No. ____ Page -4- “Office/Inst” means a building used for professional, administrative, financial, clerical and similar uses. This definition includes, without limitation, institutional uses such as churches, schools, hospitals, libraries, clubs, police and fire stations and other public buildings. “Parks and Recreation” means a Benefit Area for (i) the acquisition of new public park lands, (ii) the construction, development and/or improvement of public recreational facilities, (iii) the construction, development and/or improvement of public park amenities, (iv) the acquisition of new park vehicles, and (v) the parks and recreation component of the Study and/or any other impact fee study obtained by the City in connection with the imposition of Impact Fees. “Police” means a Benefit Area for (i) the cost recovery of the City’s cost and expense related to the construction, development and improvement of its justice center, (ii) the cost recovery of the City’s cost and expense related to the construction, development and improvement of its animal shelter, (iii) the acquisition of police vehicles, and (iv) the acquisition of police-related apparatus and equipment, and (iv) the police component of the Study and/or any other impact fee study obtained by the City in connection with the imposition of Impact Fees. “Residential Development Project” means any New Development in the City undertaken with respect to a Single-Family development and/or an All Other Housing development. “Single Family” means a detached residential dwelling unit designed for and occupied by one family as a home. “Transportation” means a Benefit Area for the cost of intersection improvements made to address additional demand generated by New Development. “Warehousing” means the storage of materials, but may also include incidental office and maintenance areas. Section 5. Imposition of Impact Fees. The City hereby imposes an Impact Fee in accordance with the Impact Fee Schedule against all New Development and renovation or expansion of existing structures within the City’s corporate limits subject to any limitations on the amount of the Impact Fee set forth in the Act. In the event any appraisal process is commenced in accordance with the Act, the City shall be responsible for the cost of any appraisal required by the City, and the City and the Applicant shall share equally in the cost of any appraisal obtained at the request of both the City and the Applicant. This Ordinance and/or the Impact Fee Schedule may be amended at any time hereafter and from time to time by the Council in accordance with the procedure set forth in the Act for the adoption of an Impact Fee. The Impact Fee shall be collected and administered as hereinafter provided. Section 6. Calculation and Collection of Impact Fees. Impact Fees may be imposed on New Development or renovation or expansion of existing structures as defined in Section 8 hereof, and subject to any limitations on the imposition and collection thereof in the Act. Impact Fees shall be Calculated using either 1% of the combined construction and land cost, or per the fees listed in Exhibit A, and the lesser of the two calculations will apply. Land cost will not be assessed or added to renovation, expansion, or change in occupancy classification of existing structures. Fees shall be collected by the Building Department prior to the issuance of a Building Permit for New Development and in accordance with the Impact Fee Schedule. Except as is hereafter provided in Section 14 hereof, all Impact Fees shall be paid by an Applicant to the City in cash or other immediately available funds. Page 77 of 258 Ordinance No. ____ Page -5- Section 7. No Additional Capacity. No Impact Fee may be assessed for or expended upon the construction, improvement, operation or maintenance of any Governmental Infrastructure that does not create additional capacity for use by the general public. The following shall be exempt from the payment of impact fees: A. Alteration or expansion of an existing single-family home. B. The replacement of a building or dwelling unit for multifamily where no additional square footage or dwelling units are created and when the existing and replacement or dwelling unit are located on the same lot. To be eligible for this exemption, official evidence such as, but not limited to, aerial photos, property surveys, Revenue Commission property appraiser data, or building permit data must be provided that confirms a building of equivalent use existed within the parcel boundaries in which the replacement structure is to be located. Section 8. Change in Size and Use. An impact fee shall be imposed and calculated for alteration, expansion or replacement of a building if the alteration, expansion or replacement of a building results in a use that it is determined to generate greater impact than the present under the applicable fee rate schedule. Impact fee shall be calculated as follows: A. If the impact fee is based on a per dwelling unit method for multifamily, the impact fee shall be the amount due under the applicable impact fee rate schedule, less the calculated impact fee applicable prior to the alteration, expansion or replacement. B. If the impact fee is based on the square footage method, the impact fee due for the increased square footage shall be calculated by determining the impact fee due according to the square footage resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed for the original square footage prior to the alteration, expansion or replacement. C. If a building is demolished in preparation of a new structure, a pre-demolition inspection will be performed to determine the number of sleeping rooms in the existing structure to establish the baseline for the calculation of any partial impact fee imposed. D. All changes in use or Occupancy classification as defined by the International Building Code will be subject to full impact fees calculated at the new construction fee based of Occupancy classification. A credit will be given for the calculation of the new construction fee of the previous building based on Occupancy Classification. Section 9. Nature of Impact Fee. An Impact Fee is both a personal liability of the Applicant and a lien upon the real property upon which the New Development is to be constructed and/or improved. Said lien may be foreclosed upon in accordance with the procedure for the foreclosure of real estate mortgages in the State of Alabama. Section 10. Refund of Impact Fee. Except as is specifically required by the Act, Impact Fees are not refundable, unless the applicable Building Permit is voided in writing by the Applicant and no construction or construction-related activities have taken place. In the event a refund is made pursuant to the foregoing sentence, a processing fee of five hundred and no/100 dollars ($500.00) shall be withheld by the City from any such refund. Section 11. Impact Fee Accounts. The funds collected pursuant to this Ordinance shall be deposited into the Impact Fee Account. The funds of the Impact Fee Account shall not be commingled with other funds of the City. The City shall separately account for fees collected for the Benefit Areas of Parks and Recreation, Fire, Police and Transportation. In the event that less than the full Impact Fee is assessed for any reason, including, without limitation, any cap on such fee contained in the Act, said partial Impact Fee shall be allocated to the applicable Benefit Areas in the same proportion as the full Impact Fee would be allocated to and among the applicable Benefit Areas. Page 78 of 258 Ordinance No. ____ Page -6- Section 12. Use of Impact Fees. Impact Fees may be expended only for the Benefit Area for which they were imposed, calculated, and collected and according to the time limits and procedures established in this Ordinance and the Act, if any. All impact fees collected for a Benefit Area must be spent in that Benefit Area. Impact Fees generated by this Ordinance may be used for any purpose permitted by the Act. Section 13. Time Limitations on Use of Impact Fees. The City shall expend or contract for the expenditure of all Impact Fees collected in accordance with this Ordinance within any time periods set forth in the Act; provided, however, that in the event the Act does not impose any limitation on the timing of the expenditure of Impact Fees, then the City shall have no obligation to expend any Impact Fees within any specific period of time. In the event it becomes necessary for the City to refund any Impact Fees due to the failure to expend or contract for the expenditure of such Impact Fees within a given period of time as required by the Act, the City shall refund such Impact Fees to the Applicant who paid such Impact Fees. Notwithstanding anything contained herein to the contrary, no party entitled to a refund of any Impact Fee hereunder shall be entitled to any interest on said refunded Impact Fee. Section 14. Appeals. In the event the Building Department and an Applicant are unable to agree upon the Estimated Fair and Reasonable Value following the appraisal process set forth in Alabama Code § 45-2-243.84, the Applicant against which an Impact Fee has been assessed may pay the Impact Fee as Calculated by the Building Department and preserve the right to appeal the amount of the Impact Fee by submitting with payment a written statement that payment is made “under protest” or that includes other language that would notify a reasonable person that the Applicant intends to preserve its right of appeal. Any Applicant intending to appeal the Calculation of an Impact Fee must file said appeal in writing with the City Clerk of the City within thirty (30) days of the last to occur of the Calculation of the Impact Fee by the Building Department and the payment of the Impact Fee by the Applicant to the City. In the written appeal provided to the City Clerk by the Applicant, the Applicant shall set forth enough detail to allow the City to reasonably determine the basis for the Applicant’s appeal. All appeals of Impact Fee assessments shall be heard by the Council at a regularly held meeting of the Council within thirty (30) days of the date of the filing of the notice of appeal by the Applicant with the City Clerk. At such appeal hearing, the Applicant and the City shall have the right to present evidence relative to the establishment of the Estimated Fair and Reasonable Market Value of a New Development. In making such presentations, each of the Applicant and the City shall be limited to fifteen (15) minutes for the presentation of such evidence. Thereafter, a majority decision by the Council shall be required to overturn the decision of the Building Department with regard to the Calculation of the applicable Impact Fee. Section 15. Review of Impact Fee Structure. The Impact Fee Committee shall report at least once every three (3) years to the Council with: (A) recommendations, if any, for amendments to this Ordinance; (B) proposals identifying capital improvements to be funded in whole or in part by the Impact Fees collected pursuant to this Ordinance; (C) proposals for changes to the Impact Fee Schedule. In connection with the foregoing, the Impact Fee Committee is hereby authorized to engage such consultants as it deems reasonably necessary to prepare additional impact fee studies for purposes of arriving at an appropriate and reasonable impact fee rate structure. Page 79 of 258 Ordinance No. ____ Page -7- Section 16. Credits. An Applicant who offers to dedicate land or otherwise provide for the funding of Governmental Infrastructure may be eligible for a credit for such contribution against the Impact Fee otherwise due for that Benefit Area. In the event an Applicant desires to obtain a credit in accordance with the foregoing, the Applicant shall submit its proposal for a credit in writing to the Building Department. To the extent the City prepares forms for the credit process, the Applicant shall make its submittal on said City provided forms. Thereafter, the Building Department shall transmit said proposal to the Impact Fee Committee. The Impact Fee Committee shall make written findings with regard to (a) the value of the Applicant’s proposed contribution; (b) whether the proposed contribution meets capital improvement needs for which the particular Impact Fee has been imposed; and (c) whether the proposed contribution will substitute or otherwise reduce the need for Governmental Infrastructure anticipated to be provided with Impact Fees otherwise assessable against the Applicant. The Impact Fee Committee shall transmit said written findings to the Council along with a recommendation for whether to accept or decline the Applicant’s offer. The Council shall make the final determination as to whether to accept the Applicant’s proposed contribution; provided, however, that in no event shall the credit given to any such Applicant exceed the amount of the otherwise applicable Impact Fee. Section 17. Recovery of Public Hearing Costs. Any costs incurred by the City (a) in preparing for and conducting any public hearing required by the Act and (b) in connection with the Study or any similar study hereafter conducted may be recovered as a part of the Impact Fees assessed and collected in accordance with this Ordinance. Section 18. 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-exemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 19. Effective Date. This Ordinance shall be effective from and after its adoption by the Council. ADOPTED THIS THE 12TH DAY OF OCTOBER, 2026 __________________________________ James Reid Conyers, Jr. Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS THE 12TH DAY OF OCTOBER, 2026 __________________________________ Sherry Sullivan, Mayor Page 80 of 258 Ordinance No. ____ Page -8- EXHIBIT “A” Impact Fee Schedule Residential - Per Housing Unit (Occupancy classifications R-2, R-3, and R-4) Fire Police Parks and Rec Transportation Total Single Family (R-3) $895 $1,353 $3,228 $3,761 $9,237 Percentage allocation 9.6% 14.6% 35.0% 40.8% 1% max Multi Family (R-2, R-4) $374 $565 $1,349 $1,023 $3,311 Percentage allocation 11.4% 17.1% 40.7% 30.8% 1% max Non-Residential - Per 1,000 square feet of floor area (Occupancy classifications A, B, E, F, H, I, M, S, U) Fire Police Parks and Rec Transportation Total Commercial / retail (A, M) $1,865 $2,538 $0 $7,783 $12,186 Percentage allocation 15.3% 20.8% 0% 63.9% 1% max Industrial (F, H, S, U) $373 $507 $0 $1,552 $2,432 Percentage allocation 15.3% 20.9% 0% 63.8% 1% max Office / Institutional (B, I, E) $828 $1,127 $0 $3,454 $5,409 Percentage allocation 15.3% 20.8% 0% 63.9% 1% max Non-Residential - Per room (Occupancy classification R-1) Fire Police Parks and Rec Transportation Total Lodging (R-1) $257 $349 $1,891 $1,067 $3,564 Percentage allocation 7.2% 9.8% 53.0% 30.0% 1% max Page 81 of 258 ORDINANCE NO. 1817 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1625 AN ORDINANCE ESTABLISHNG IMPACT FEES ON NEW DEVELOPMENT IN THE CITY OF FAIRHOPE, ALABAMA Be it ordained by the City Council (the "Council") of the City of Fairhope, Alabama (the "City") as follows: Section 1. (A) (B) (C) (D) (E) (F) (G) (H) (I) Findings. In accordance with the Act, the City has been authorized by the Legislature of the State of Alabama to adopt and impose impact fees on new development within the City's corporate limits. In support of the adoption and imposition of such impact fees, the Council makes the following findings: The City is a municipal corporation vested with a portion of the state's sovereign power to protect and provide for the public health, safety, and welfare. The City is authorized to adopt and implement comprehensive plans, zoning ordinances and other land use n::gulations to assure its orderly development. The City is a fast-growing community of over 24,000 full time residents. In calendar years 2022 -2023, approximately 1,322 new building permits and renovation permits were issued. The City encourages development that will make the City a vital, attractive community to serve both residents of the City and the substantial and significant number of visitors who visit the City on a yearly basis. New residential and nonresidential development, however, imposes increased and excessive demands upon public facilities. As demand for public facilities has increased, funding sources for those facilities have decreased at both the state and federal level. In addition, demand for· new facilities necessitated by new development impairs the ability of the City to maintain existing facilities because funds must be diverted to construction or expansion of new facilities. The City's current Comprehensive Plan projects that new development will continue and will place ever-increasing demands on the City to provide public facilities to serve new development. Following the adoption of the Act by the Legislature of the State of Alabama, the City engaged the consulting firm TischlerBise for purposes of preparing an impact fee study. With input from the City, TischlerBise prepared an "Impact Fee Study" for the City dated September 9, 2024 (the "Study"). The Study demonstrates the monetary needs of the City in adding the additional governmental infrastructure necessary to keep pace with the City's growth. In accordance with Alabama Code § 45-2-243.86, a public meeting during a Work Session of the City Council was held on October 14, 2024 at City Hall with a representative of TischlerBise to present the Study to the Council and the public and to address the City's governmental infrastructure needs as a result of new development. A public hearing, was held on December 9, 2024 to give the public the opportunity to provide additional comments. To the extent that new development places demands upon public facilities, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public to the development creating the demands. 1 Page 82 of 258 (J) Section 2. Section 3. (A) (B) (C) Section 4. An impact fee, established in accordance with this Ordinance, will benefit new development. Authorization. This Ordinance is enacted pursuant to the Act and the City's general police power and land use authority. Purpose and Intent. The purpose of this Ordinance is to establish procedures to: determine what local capital improvements are reasonably necessary to serve New Development and the cost thereof; determine the portion of the demand for local capital improvements created by particular types of New Development; and assess against New Development an Impact Fee to finance the cost of local capital improvements proportional to the New Development's demand for said capital improvements. Definitions. Whenever used in this Ordinance, the following capitalized words, terms, and phrases, and their derivations, shall have the meanings ascribed to them below except where the context clearly indicates a different meaning: "Act" shall mean the enabling legislation for Impact Fees applicable to Baldwin County, Alabama as established by the Alabama Legislature and set forth in Alabama Code §§ 45- 2-243.80 through 45-2-243.87 (Act 2006-300), as the same may hereafter be altered or amended from time to time. "All Other Housing" means residential housing units and/or structures other than single­ family residential structures, and includes, without limitation, duplexes, triplexes, apartments, condominiums and other multi-family developments. "Applicant" shall mean any person or entity making an application for a Building Permit with the City . "Benefit Area" means one or more areas as defined herein which are used to calculate the costs and expenses relative to the Governmental Infrastructure needs created by a particular type of New Development. "Building Department" means the City's Building and Inspection Department. "Building Permit" means a document issued by the City authorizing construction of new buildings and/or improvements within the City's corporate limits. "Business Park" means a cluster of associated businesses, usually in a campus setting, . typically consisting of the use of buildings for the administration of business, professional firms and other organizations. "Calculate" means to determine the amount of the Impact Fees assessed against a particular New Development in accordance with the terms and conditions of this Ordinance and the Act. "City" means the City of Fairhope, Alabama. "Com/Shop Ctr" means a building or series of buildings in which retail and/or wholesale sales and services will be delivered to the public. "Estimated Fair and Reasonable Market Value" shall have the meaning ascribed to such term in Alabama Code§ 45-2-243.84. 2 Page 83 of 258 •· "Fire" means a Benefit Area for (i) the construction, development and/or improvement of fire stations, (ii) the acquisition of fire fighting vehicles, and (iii) the acquisition of firefighting apparatus, and (iv) the fire component of the Study and/or any other impact fee study obtained by the City in connection with the imposition oflmpact Fees. "Governmental Infrastructure" shall have the meaning ascribed to such term in the Act. "Impact Fee" shall have the meaning ascribed to such term in the Act. "Impact Fee Account" means a special interest-bearing account of the City established by the City at a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation. "Impact Fee Committee" means a committee chaired by the Mayor and comprised of the Mayor, the City Treasurer, the City Building Official, the City Public Works Director, the Chief of the Fairhope Volunteer Fire Department, the Chief of the Fairhope Police Department, and the City's Director of Parks and Recreation. "Impact Fee Schedule" means the schedule of fees adopted by the Council setting the base fee amount for each Benefit Area and the total Impact Fee for each type of New Development, which schedule is attached hereto as Exhibit "A" and which is incorporated herein by reference. "Light Industrial" means facilities used for the manufacturing or assembly of products to their final form. These uses could be enclosed or could have outside storage of equipment; materials or merchandise. In addition to the actual production of goods, industrial facilities generally also have incidental office, warehouse and associated functions. "Lodging" means a building or group of buildings having five (5) or more guest rooms under a common or individual ownership and single management. These buildings are designed to give, for a fee, transient guests sleeping accommodations and may include as incidental uses, restaurants, cafes, lounges or other guest services. These buildings typically, but do not necessarily have to, have an inner lobby and furnish a room cleaning service for their paying customers. "Manufacturing" means a building or series of buildings for businesses engaged in economic activity involving construction, production, processing, transformation, warehousing, wholesale, and disposal of goods, products and component parts of goods and products, including related services. "New Development" shall mean the subdivision of land, the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; any use of the extension of the use of land; any of which increases the demand on governmental infrastructure. "Nonresidential Development Project" means all New Development in the City other than Residential Development Projects, and shall include, without limitation, any New Development project consisting of one or any combination of Comm/Shop Ctr, Office/Inst, Business Park, Light Industrial, Warehousing, Manufacturing and Lodging. "Occupancy classification" means the intended use of a structure or tenant spaces within a structure as defined by the International Building Code. "Office/Inst" means a building used for professional, administrative, financial, clerical and similar uses. This definition includes, without limitation, institutional uses such as churches, schools, hospitals, libraries, clubs, police and fire stations and other public buildings. "Parks and Recreation" means a Benefit Area for (i) the acquisition of new public park lands, (ii) the construction, development and/or improvement of public recreational facilities, (iii) the construction, development and/or improvement of public park amenities, (iv) the acquisition of new park vehicles, and (v) the parks and recreation component of the Study and/or any other impact fee study obtained by the City in connection with the imposition oflmpact Fees. 3 Page 84 of 258 ·• ·: ;I , .. , �-i:-: )· ,._ '\, .. "Police" means a Benefit Area for (i) the cost recovery of the City's cost and expense related to the construction, development and improvement of its justice center, (ii) the cost recovery of the City's cost and expense related to the construction, development and improvement of its animal shelter, (iii) the acquisition of police vehicles, and (iv) the acquisition of police-related apparatus and equipment, and (iv) the police component of the Study and/or any other impact fee study obtained by the City in connection with the imposition of Impact Fees. "Residential Development Project" means any New Development in the City undertaken with respect to a Single-Family development and/or an All Other Housing development. "Single Family" means a detached residential dwelling unit designed for and occupied by one family as a home. "Transportation" means a Benefit Area for the cost of intersection improvements made to address additional demand generated by New Development. "Warehousing" means the storage of materials, but may also include incidental office and maintenance areas. Section 5. Imposition of Impact Fees. The City hereby imposes an Impact Fee in accordance with the Impact Fee Schedule against all New Development and renovation or expansion of existing structures within the City's corporate limits subject to any limitations on the amount of the Impact Fee set forth in the Act. In the event any appraisal process is commenced in accordance with the Act, the City shall be responsible for the cost of any appraisal required by the City, and the City and the Applicant shall share equally in the cost of any appraisal obtained at the request of both the City and the Applicant. This Ordinance and/or the Impact Fee Schedule may be amended at any time hereafter and from time to time by the Council in accordance with the procedure set forth in the Act for the adoption of an Impact Fee. The Impact Fee shall be collected and administered as hereinafter provided. Section 6. Calculation and Collection of Impact Fees. Impact Fees may be imposed on New Development or renovation or expansion of existing structures as defined in Section 8 hereof, and subject to any limitations on the imposition and collection thereof in the Act. Impact Fees shall be Calculated using either 1 % of the combined construction and land cost, or per the fees listed in Exhibit A, and the lesser of the two calculations will apply. Land cost will not be assessed or added to renovation, expansion, or change in occupancy classification of existing structures. Fees shall be collected by the Building Department prior to the issuance of a Building Permit for New Development and in accordance with the Impact Fee Schedule. Except as is hereafter provided in Section 14 hereof, all Impact Fees shall be paid by an Applicant to the City in cash or other immediately available funds. Section 7. No Additional Capacity. No Impact Fee may be assessed for or expended upon the construction, improvement, operation or maintenance of any Governmental Infrastructure that does not create additional capacity for use by the general public. The following shall be exempt from the payment of impact fees: A.Alteration or expansion of an existing dwelling unit which does not result in any additional dwelling units or increase in the number of families for which such dwelling unit is arranged, designed or intended to accommodate for the purposes of living quarters. B.The replacement of a building or dwelling unit where no additional square footage or dwelling units are created and when the existing and replacement or dwelling unit are located on the same lot. To be eligible for this exemption, official evidence such as, but not limited to, aerial photos, property surveys, Revenue Commission property appraiser data, or building permit data must be provided that confirms a building of equivalent use existed within the parcel boundaries in which the replacement structure is to be located. 4 Page 85 of 258 ,, <• Section 8. Change in Size and Use. An impact fee shall be imposed and calculated for alteration, expansion or replacement of a building if the alteration, expansion or replacement of a building results in a use that it is determined to generate greater impact than the present under the applicable fee rate schedule, Impact fee shall be calculated as follows: A If the impact fee is based on a per dwelling unit method, the impact fee shall be the amount due under the applicable impact fee rate schedule, less the calculated impact fee applicable prior to the alteration, expansion or replacement. B.If the impact fee is based on the square footage method, the impact fee due for the increased square footage shall be calculated by determining the impact fee due according to the square footage resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed for the original square footage prior to the alteration, expansion or replacement. C.All single family residential fees in the fee schedule are based on an assumed 3-bedroom home. If the replacement structure has an increase in the number of bedrooms or sleeping rooms as defined by the City of Fairhope Building Code Supplement, any partial impact fee will be calculated on a percentage basis based on the increased number of sleeping rooms within the structure. D.If a building is demolished in preparation of a new structure, a pre-demolition inspection will be performed to determine the number of sleeping rooms in the existing structure to establish the baseline for the calculation of any partial impact fee imposed. E.All changes in use or Occupancy classification as defined by the International Building •Code will be subject to full impact fees calculated at the new construction fee based of Occupancy classification. A credit will be given for the calculation of the new construction fee of the previous building based on Occupancy Classification. Section 9. Nature oflmpact Fee. An Impact Fee is both a personal liability of the Applicant and a lien upon the real property upon which the New Development is to be constructed and/or improved. Said lien may be foreclosed upon in accordance with the procedure for the foreclosure of real estate mortgages in the State of Alabama. Section 10. Refund oflmpact Fee. Except as is specifically required by the Act, Impact Fees are not refundable, unless the applicable Building Permit is voided in writing by the Applicant and no construction or construction-related activities have taken place. In the event a refund is made pursuant to the foregoing sentence, a processing fee of five hundred and no/100 dollars ($500.00) shall be withheld by the City from any such refund. Section 11. Impact Fee Accounts. The funds collected pursuant to this Ordinance shall be deposited into the Impact Fee Account. The funds of the Impact Fee Account shall not be commingled with other funds of the City. The City shall separately account for fees collected for the Benefit Areas of Parks and Recreation, Fire, Police and Transportation. In the event that less than the full Impact Fee is assessed for any reason, including, without limitation, any cap on such fee contained in the Act, said partial Impact Fee shall be allocated to the applicable Benefit Areas in the same proportion as the full Impact Fee would be allocated to and among the applicable Benefit Areas. Section 12. Use of Impact Fees. Impact Fees may be expended only for the Benefit Area for which they were imposed, calculated, and collected and according to the time limits and procedures established in this Ordinance and the Act, if any. All impact fees collected for a Benefit Area must be spent in that Benefit Area. Impact Fees generated by this Ordinance may be used for any purpose permitted by the Act. Section 13. Time Limitations on Use of Impact Fees. The City shall expend or contract for the expenditure of all Impact Fees collected in accordance with this Ordinance within any time periods set forth in the Act; provided, however, that in the event the Act does not impose any limitation on the timing of the expenditure of Impact Fees, then the City shall have no obligation to expend any Impact Fees within any specific period of time. In the event it becomes necessary for the City to refund any Impact Fees due to the failure to expend or contract for the expenditure of such Impact Fees within a given period of time as required by the Act, the City shall refund such Impact Fees to the Applicant who paid such Impact Fees. 5 Page 86 of 258 � .. ). �\ f' �\ ·�\'' y Notwithstanding anything contained herein to the contrary, no party entitled to a refund of any Impact Fee hereunder shall be entitled to any interest on said refunded Impact Fee. Section 14. Appeals. In the event the Building Department and an Applicant are unable to agree upon the Estimated Fair and Reasonable Value following the appraisal process set forth in Alabama Code § 45-2-243.84, the Applicant against which an Impact Fee has been assessed may pay the Impact Fee as Calculated by the Building Department and preserve the right to appeal the amount of the Impact Fee by submitting with payment a written statement that payment is made "under protest" or that includes other language that would notify a reasonable person that the Applicant intends to preserve its right of appeal. Any Applicant intending to appeal the Calculation of an Impact Fee must file said appeal in writing with the City Clerk of the City within thirty (30) days of the last to occur of the Calculation of the Impact Fee by the Building Department and the payment of the Impact Fee by the Applicant to the City. In the written appeal provided to the City Clerk by the Applicant, the Applicant shall set forth enough detail to allow the City to reasonably determine the basis for the Applicant's appeal. All appeals of Impact Fee assessments shall be heard by the Council at a regularly held meeting of the Council within thirty (30) days of the date of the filing of the notice of appeal by the Applicant with the City Clerk. At such appeal hearing, the Applicant and the City shall have the right to present evidence relative to the establishment of the Estimated Fair and Reasonable Market Value of a New Development. In making such presentations, each of the Applicant and the City shall be limited to fifteen (15) minutes for the presentation of such evidence. Thereafter, a majority decision by the Council shall be required to overturn the decision of the Building Department with regard to the Calculation of the applicable Impact Fee. Section 15. Review oflmpact Fee Structure. The Impact Fee Committee shall report at least once every three (3) years to the Council with: (A)recommendations, if any, for amendments to this Ordinance; (B)proposals identifying capital improvements to be funded in whole or in part by the Impact Fees collected pursuant to this Ordinance; (C)proposals for changes to the Impact Fee Schedule. In connection with the foregoing, the Impact Fee Committee is hereby authorized to engage such consultants as it deems reasonably necessary to prepare additional impact fee studies for purposes of arriving at an appropriate and reasonable impact fee rate structure. Section 16. Credits. An Applicant who offers to dedicate land or otherwise provide for the funding of Governmental Infrastructure may be eligible for a credit for such contribution against the Impact Fee otherwise due for that Benefit Area. In the event an Applicant desires to obtain a credit in accordance with the foregoing, the Applicant shall submit its proposal for a credit in writing to the Building Department. To the extent the City prepares forms for the credit process, the Applicant shall make its submittal on said City provided forms. Thereafter, the Building Department shall transmit said proposal to the Impact Fee Committee. The Impact Fee Committee shall make written findings with regard to (a) the value of the Applicant's proposed contribution; (b) whether the proposed contribution meets capital improvement needs for which the particular Impact Fee has been imposed; and (c) whether the proposed contribution will substitute or otherwise reduce the need for Governmental Infrastructure anticipated to be provided with Impact Fees otherwise assessable against the Applicant. The Impact Fee Committee shall transmit said written findings to the Council along with a recommendation for whether to accept or decline the Applicant's offer. The Council shall make the final determination as to whether to accept the Applicant's proposed contribution; provided, however, that in no event shall the credit given to any such Applicant exceed the amount of the otherwise applicable Impact Fee. 6 Page 87 of 258 ?· t'., :{ .... ,. ..:, ''l ? r.. ·< Section 17. Recovery of Public Hearing Costs. Any costs incurred by the City (a) in preparing for and conducting any public hearing required by the Act and (b) in connection with the Study or any similar study hereafter conducted may be recovered as a part of the Impact Fees assessed and collected in accordance with this Ordinance. Section 18. 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-exemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 19. the Council. Attest: Effective Date. This Ordinance shall be effective from and after its adoption by ADOPTED THIS THE 19TH DAY OF DECEMBER, 2024 ADOPTED THIS THE 19TH DAY OF DECEMBER. 2024 7 Page 88 of 258 '· •,·\· ',:' .. t• ·.� [� a: n w �, a: �· Ii�� O!� -I a::::.:� < :c;�· IL O :,,. £ '--c� EXHIBIT "A" ImJ;!act Fee Schedule Residential -Per Housing Unit (Occupancy classifications R-2, R-3, and R-4) Fire Police Parks and Rec Transportation Total Single Family (R-3) $895 $1,353 $3,228 $3,761 $9,237 Percentage allocation 9.6% 14.6% 35.0% 40.8% 1% max Multi Family (R-2, R-4) $374 $565 $1,349 $1,023 $3,311 Percentage allocation 11.4% 17.1% 40.7% 30.8% 1%max Non-Residential -Per 1,000 square feet of floor area (Occupancy classifications A, B, E, F, H, I, M, S, U) Fire Police Parks and Rec Transportation Total Commercial/ retail (A, M) $1,865 $2,538 $0 $7,783 $12,786 Percentage allocation 14.6% 19.8% 0% 60.9% 1%max Industrial (F, H, S, U) $373 $507 $0 $1,552 $2,432 Percentage allocation 15.3% 20.9% 0% 63.8% 1%max Office/ Institutional (B, I, E) $828 1,127 $0 $3,454 $5,904 Percentage allocation 14.0% 19.1% 0% 58.5% 1% max Non-Residential -Per room (Occupancy classification R-1) Fire Police Parks and Rec Transportation Total Lodging (R-1) $257 $349 $1,891 $1,067 $3,564 Percentage allocation 7.2% 9.8% 53.0% 30.0% 1%max 8 Page 89 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1247A FROM: Jimmy Conyers, Councilmember Sherry Sullivan, Mayor SUBJECT: An Ordinance of the City of Fairhope, Alabama, to Authorize Posting of all Legal Advertisements, Ordinances of a General or Permanent Nature, and Publication for all other City Notifications Pursuant to Alabama Law. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council adopts an Ordinance of the City of Fairhope, Alabama, to Authorize Posting of all Legal Advertisements, Ordinances of a General or Permanent Nature, and Publication for all other City Notifications Pursuant to Alabama Law. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Page 90 of 258 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 91 of 258 ORDINANCE NO. _____ WHEREAS, Alabama Code § 11-45-8(b)(1) requires the City of Fairhope to publish all newly enacted ordinances of a general or permanent nature in a newspaper of general circulation published within the municipality; and WHEREAS, Alabama Code § 11-52-77 requires advanced notice of all proposed amendments to the City of Fairhope Zoning Ordinance (No. 1253) to be published in a newspaper of general circulation published within the municipality; and WHEREAS, Alabama law requires certain other legal advertisements to be published in a newspaper of general circulation published within the municipality; and WHEREAS, both Alabama Code § 11-45-8(b)(1) and Alabama Code § 11-52-77, in addition to other provisions of Alabama law, authorize publication of the respective ordinances and legal advertisements by posting when there is no newspaper of general circulation published within the municipality; and WHEREAS, numerous Alabama Attorney General Opinions, including but not limited to Ala. Att’y Gen. Op. No. 2011-005, Ala. Att’y Gen. Op. No 2002-198, and Ala. Att’y Gen. Op. No 1995-0127, authorize the governing body of a municipality, specifically the City Council of a municipality, to make a factual determination that there is no newspaper of general circulation published within a particular municipality pursuant to Alabama law and to authorize posting in multiple public places to comply with publication and legal advertisement requirements; and WHEREAS, legal advertisement in newspapers has become burdensome, costly, and inefficient due to the rapid decline of daily print newspapers, the decline of newspaper subscribers with the proliferation of online news resources, the increased costs of legal publication of advertisements for print, and the infrequent publication dates for any publications covering news events for citizens residing within the corporate limits of the City of Fairhope; and WHEREAS, the City Council of the City of Fairhope has determined that there is no newspaper of general circulation published within the City of Fairhope and therefore, in accordance with Alabama law, all such publications pursuant to Alabama Code § 11-45-8 and Alabama Code § 11-52-77, as well as all legal advertisements and publication requirements for advanced notice regarding all public hearings shall be posted in four (4) conspicuous public places within the City of Fairhope to comply with publication requirements; and WHEREAS, this Ordinance is intended to comply with the provisions of Alabama law authorizing posting of legal notification at conspicuous locations across the City when the governing body of the municipality determines that there is no newspaper of general circulation published within the municipality. Page 92 of 258 Ordinance No. _____ BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section I: Purpose and Intent: The purpose of this Ordinance is to comply with the provisions of Alabama law authorizing posting of legal advertisement and notification at conspicuous public locations across the City when the governing body of the municipality determines that there is no newspaper of general circulation published within the municipality in accordance with Alabama Code § 11-45-8(b)(1) and Alabama Code § 11-52-77, and consistent with Ala. Att’y Gen. Op. No. 2011-005, Ala. Att’y Gen. Op. No 2002- 198, and Ala. Att’y Gen. Op. No 1995-0127. Section II: Determination of No Newspaper of General Circulation Published Within the City of Fairhope: The City Council has determined that there is no newspaper of general circulation published within the City of Fairhope based on the following facts: A. There is no newspaper of general circulation with offices located within the City of Fairhope or that originally puts into circulation a print newspaper of general circulation within the City of Fairhope. B. There are a de minimis amount of subscribers of residents within the corporate limits of the City of Fairhope for existing print newspaper publications with circulation in Baldwin County, Alabama. C. There is no print newspaper publication of general circulation focused on news and events exclusively within the City of Fairhope. D. The City incurs exorbitant costs of print advertisement for ordinances, images, and other inserts in print media which are not broadly circulated to residents of the City of Fairhope. E. The lack of daily print newspaper publications in Baldwin County cause protracted and inefficient delays for publishing notice due to infrequent publication dates. Section III: Publication By Posting: A. Pursuant to Alabama law, the City of Fairhope will hereinafter publish all legal advertisements, including: (i) all newly enacted ordinances of a general or permanent nature; (ii) notice of all public hearings required to be published pursuant to applicable law; (iii) notice of legislative acts and annexation; (iv) notice related to City of Fairhope elections; (v) all proposed amendments to the City of Fairhope Zoning Ordinance (No. 1253); and (vi) advertisement requirements for notice of public hearings by the Fairhope Planning and Zoning Commission and Zoning Board of Adjustment, by posting in the following four (4) conspicuous public places within the City: 1. Fairhope Municipal Complex located at 161 N. Section Street, Fairhope, AL 36532; 2. Fairhope Building Department located at 555 South Section Street, Fairhope, AL 36532; 3. Fairhope Planning and Zoning Building located at 451 Pecan Ave., Ste. 200, Fairhope, AL 36532; and 4. The Nix Center located at 1 Bayou Dr., Fairhope, AL 36532. Page 93 of 258 Ordinance No. _____ Section IV: Conflict and Severability: Page 94 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1282 FROM: Kim Creech, City Treasurer SUBJECT: City of Fairhope General Obligation Water and Sewer Warrant, Series 2026-B, in the principal amount of $30,575,000.00 to refund the 2026-A Warrant AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: Council to adopt the ordinance and authorize execution of closing documents. BACKGROUND INFORMATION: The City expects to issue its General Obligation Water and Sewer Warrant, Series 2026-B, to be dated the date of delivery (the "2026-B Warrant"), to the lender prior to the November 1, 2026, final maturity date of the 2026-A Warrant. Upon review of the 5 bank responses, the City, in consultant with its municipal advisors, has determined the lending proposal from Webster Bank (the "Lender") offers the terms most favorable to the City. Prior to the City's preparation, negotiation and adoption of an ordinance (the "authorizing Ordinance") authorizing the issuance of the Warrant, it will be necessary for the City to execute a term sheet with the Lender to evidence the intent of the City to issue the Warrant to the Lender. The City expects to issue its General Obligation Water and Sewer Warrant, Series 2026-B, to be dated the date of delivery (the "2026-B Warrant"), to the Lender prior to the November 1, 2026, final maturity date of the 2026-A Warrant. Previous Council Actions: March 21, 2024 - Resolution No. 5015-24 Authorizes and directs the Mayor to execute and deliver, on behalf of the City, a term sheet with the lender for the General Obligation Water and Sewer Warrant, Series 2024, in the amount of $25,000,000.00; and Authorize the Mayor, City Clerk and City Treasurer are each hereby authorized and directed to execute such agreements or documents and to take such other actions as may be necessary or desirable to effect the provisions of the resolution. April 8, 2024 - Ordinance No. 1796 Authorizes the issuance of the City's General Obligation Water and Sewer Warrant, Series 2024, in the Principal Amount of $25,000.000.00. Page 95 of 258 April 13, 2026 - Ordinance No. 1865 Authorizes the issuance of the City's General Obligation Water and Sewer Warrant, Series 2026-A, in the Principal Amount of $30,000.000.00. September 28, 2026- Resolution No. 5929-26 Authorizes and directs the Mayor to execute and deliver, on behalf of the City, a term sheet with the lender for the General Obligation Water and Sewer Warrant, Series 2026-B, in the amount of $30,575,000.00 with Webster Bank. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Lee Birchall, Bond Council, Bradley provided ordinance. 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 96 of 258 ORDINANCE NO. _______ AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, DELIVERY, AND PAYMENT OF THE CITY’S $30,575,000 PRINCIPAL AMOUNT GENERAL OBLIGATION WATER AND SEWER WARRANT, SERIES 2026-B, TO BE DATED THE DATE OF DELIVERY, TO WEBSTER PUBLIC FINANCE CORPORATION, A SUBSIDIARY OF SANTANDER BANK, N.A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA AS FOLLOWS: Section 1. Findings and Representations. The City of Fairhope (the “City”), by and through the City Council, its governing body, does hereby find, determine, represent, and warrant as follows: (a) pursuant to the City's long-term capital improvements plan, the City issued its $25,000,000 principal amount General Obligation Water and Sewer Warrant, Series 2024, dated April 11, 2024 (the "2024 Warrant"), to Webster Bank on April 11, 2025, in order to finance certain capital water and sewer system improvements as set forth in said plan (collectively the “Improvements”); (b) the 2024 Warrant had a final maturity date of May 1, 2026 and was currently refunded on such date with the proceeds of the City’s $30,000,000 principal amount General Obligation Water and Sewer Warrant, Series 2026-A, dated May 1, 2026 (the “2026-A Warrant”), issued on such date to PNC Bank, National Association, pursuant to which the City also acquired $5,000,000 of additional funds to apply to the Improvements; (c) the 2026-A Warrant has a final maturity date of November 1, 2026; (d) in order to currently refund and redeem the 2026-A Warrant prior to its maturity date, the City requested proposals and terms sheets from multiple banking and underwriting institutions with whom the City has established relationships in order to assess the City's best financing options; (e) after reviewing the responses, the City, in consultation with its municipal advisor, PFM Financial Advisors LLC, determined by resolution adopted on September 28, 2026 that the proposal of Webster Public Finance Corporation, a subsidiary of Santander Bank, N.A. (the "Lender"), offered the most necessary, desirable, and advantageous terms for the City. (f) The City's obligation to the Lender for the aforesaid loan will be evidenced by a $30,575,000 principal amount General Obligation Water and Sewer Warrant, Series 2026-B, to be dated the date of delivery (the “Warrant”), which will be executed and delivered to the Lender on or about October 28, 2026. (g) The net assessed valuation of taxable property in the corporate limits of the City, as assessed for municipal taxation and on which taxes were due and payable on October 1, 2026, is not less than $831,197,860 (excluding motor vehicles), and the total indebtedness of the City following the issuance of the Warrant chargeable against the debt limitation for the City prescribed by Section 225 of the Constitution of Alabama of 2022, as amended, will not be more than twenty percent of said assessed valuation (which excludes the principal amount of the Warrant as such amount is not chargeable pursuant to said Section 225). (h) The City acknowledges and agrees that the Lender is purchasing the Warrant in evidence of a privately negotiated loan, and, in connection therewith, the Warrant shall not be (i) assigned a separate rating by any municipal securities rating agency, (ii) registered with DTC or any other securities depository, (iii) issued pursuant to any type of offering document or official statement, or (iv) assigned a CUSIP number by Standard & Poor's CUSIP Service. Page 97 of 258 (i) The City acknowledges that the Lender and their representatives are not registered municipal advisors and do not provide advice to municipal entities or obligated persons with respect to municipal financial products or the issuance of municipal securities (including regarding the structure, timing, terms and similar matters concerning municipal financial products or municipal securities issuances) or engage in the solicitation of municipal entities or obligated persons for the provision by non-affiliated persons of municipal advisory services and/or investment advisory services. With respect to this Ordinance and any information, materials or communications provided by Lender: (1) Lender and its representatives are not recommending an action to any municipal entity or obligated person; (2) Lender and its representatives are not acting as an advisor to any municipal entity or obligated person and do not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to any municipal entity or obligated person with respect to such Ordinance, information, materials or communications; (3) Lender and its representatives are acting for their own interests; and (4) the City has been informed that City should discuss this Ordinance and any such other information, materials or communications with any and all internal and external advisors and experts that the City deems appropriate, including PFM Financial Advisors LLC, before acting on this Ordinance or any such other information, materials or communications. Section 2. Authorization and Description of Warrant; Payment of Warrant. Section 3. Authorization of Single Advance. Section 4. Form of Warrant. Page 98 of 258 THIS WARRANT IS A RESTRICTED SECURITY WITHIN THE MEANING OF SECURITIES AND EXCHANGE COMMISSION ("SEC") RULE 144(a)(3) UNDER THE SECURITIES ACT OF 1933 ("1933 ACT") AND ANY SALE OR TRANSFER OF THIS WARRANT MUST BE MADE IN COMPLIANCE WITH THE CONDITIONS OF SEC RULE 144 OR RULE 144A UNDER THE 1933 ACT OR IN COMPLIANCE WITH ANOTHER EXEMPTION FROM REGISTRATION UNDER THE 1933 ACT. , a municipal corporation organized and existing under and by virtue of the laws of the State of Alabama (the "City"), for value received, hereby acknowledges itself indebted to and does hereby order and direct the Treasurer of the City to pay, solely out of the Series 2026-B Warrant Fund hereinafter described, to WEBSTER PUBLIC FINANCE CORPORATION, a subsidiary of Santander Bank, N.A. (herein called the "Payee"), and its successors and assigns, the principal sum of as hereafter provided, and to pay, solely from said Series 2026-B Warrant Fund, the interest on the outstanding principal amount hereof (computed on a 30/360 basis), at a fixed per annum rate of interest equal to 4.795%, subject to adjustment as described in the hereinafter described Authorizing Proceedings, as follows: (a) On April 28, 2027 and on each April 28 and October 28 thereafter, to and including October 28, 2046, substantially equal installments of principal hereof and interest hereon, as set forth on Exhibit A attached hereto and incorporated herein by reference; and (b) On October 28, 2046, the outstanding principal amount this Warrant, and all other outstanding interest and charges thereon, payable in installments in the amounts set forth on Exhibit A attached hereto and incorporated herein by reference. Payment of the principal hereof and interest hereon shall be made to the Payee in lawful money of the United Staes of America by wire transfer as the Payee may specify in writing to the City or otherwise as the City and the Payee may agree, provided the final payment of principal of and interest on this Warrant shall be made only upon presentation and surrender of this Warrant to the City for cancellation. The City has the right to prepay the principal installments of this Warrant in whole or in part on any business day on or after October 28, 2031 by paying the outstanding principal hereof, plus any outstanding interest due and the redemption premium, if any, described below; provided however, that the City must first give the Payee at least thirty (30) days prior written notice of the date of its intended prepayment. Partial prepayments (i) may occur no more than once per calendar year, (ii) must have a minimum principal payment of $1 million, and (iii) must occur in the reverse order of the amortization (longest dated payments paid first). The redemption premium (mentioned above), shall be a percentage of the then outstanding principal balance of this Warrant, equal to: October 28, 2031 to October 27, 2033: 101% October 28, 2033 and thereafter: 100% This Warrant is issued pursuant to the Constitution and laws of the State of Alabama, including the provisions of Section 11-47-2 et seq. of the CODE OF ALABAMA 1975, as amended, and an Ordinance and proceedings of the governing body of the City adopted October 12, 2026 (the "Authorizing Proceedings") for the purposes described in the Authorizing Proceedings. Page 99 of 258 The principal of and interest on this Warrant is a general obligation of the City and the full faith and credit of the City are pledged to the payment of the principal of and interest hereon. This Warrant is not chargeable against the City’s state constitutional debt limit. The City has established in the Authorizing Proceedings a special fund designated as the "Series 2026- B Warrant Fund" for the payment of the principal of and interest on the Warrant, and has obligated itself to pay or cause to paid into said Fund from the taxes and revenues of the City sums sufficient to provide for the payment of the principal of and interest on this Warrant as the same matures and comes due. This Warrant is recorded and registered as to principal and interest in the name of the registered owner on the book of registration maintained for that purpose by the City. The person in whose name this Warrant is registered shall be deemed and regarded as the absolute owner hereof for all purposes and payment of the principal of and interest on this Warrant shall be made only to or upon the order of the registered owner hereof or its legal representative, and neither the City nor any agent of the City shall be affected by any notice to the contrary. Payment of principal of and interest on this Warrant shall be valid and effectual to satisfy and discharge the liability of the City upon this Warrant to the extent of the amounts so paid. This Warrant may be transferred by the registered owner hereof to (i) an affiliate or (ii) banks, insurance companies or other financial institutions or their affiliates, only upon written request of the registered owner or its legal representative addressed to the City, such transfer to be recorded on said book of registration and endorsed hereon by the City. Upon presentation to the City for transfer, this Warrant must be accompanied by a written instrument or instruments of transfer satisfactory to the City, duly executed by the registered owner or its attorney duly authorized in writing, and the City shall endorse on the schedule attached hereto for such purpose the principal amount of this Warrant unpaid and the interest accrued hereon to the date of transfer. No charge shall be made for the privilege of transfer, but the registered owner of this Warrant requesting any such transfer shall pay any tax or other governmental charge required to be paid with respect thereto. Nothing herein or in the Ordinance shall limit the right of the registered owner of this Warrant to sell or assign participation interests in this Warrant to one or more entities listed in (i) or (ii) above. It is hereby recited, certified and declared that the indebtedness evidenced and ordered paid by this Warrant is lawfully due without condition, abatement or offset of any description and that all acts, conditions and things required by the Constitution and laws of the State of Alabama to happen, exist and be performed precedent to and in the execution, registration and issuance of this Warrant and the adoption of the Authorizing Proceedings have happened, do exist and have been performed in time, form and manner as so required. IN WITNESS WHEREOF, the City, acting by and through its governing body, has caused this Warrant to be executed in its name and on its behalf by its Mayor and its municipal seal to be hereunto affixed and attested by its City Clerk, and has caused this Warrant to be dated October 28, 2026. CITY OF FAIRHOPE S E A L By ____________________________ Sherry Sullivan, Mayor Attest:_____________________________ Lisa A. Hanks, MMC City Clerk Page 100 of 258 REGISTRATION CERTIFICATE Section 5. Execution of the Warrant. Section 6. General Obligation; Warrant Fund. Page 101 of 258 (c) The City further covenants and agrees to collect or cause to be collected all taxes and revenues when due and to apply the same as provided in this Ordinance. Section 7. Expenses of Collection; Interest After Maturity. The City covenants and agrees that, if the principal of and interest on the Warrant are not paid promptly as such principal and interest matures and comes due, it will pay to the registered owner of the Warrant or its registered assignees all expenses incident to the collection of any unpaid portion thereof, including a reasonable attorney's fee. To the extent permitted by applicable law, the Warrant and the interest thereon shall bear interest at default rate of 6.795%, from and after the maturity or due date(s) thereof, if not then paid. Section 8. Federal Tax Exemption; No Designation of Warrant Pursuant to Section 265 of the Code. The City recognizes that the Warrant is being sold on the basis that the interest payable on the Warrant is excludable from gross income of the registered owner thereof for federal income taxation under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"). The City hereby covenants and agrees with the registered owner from time to time of the Warrant that: (a) the proceeds of the Warrant will be used solely for the governmental purposes for which the Warrant is issued; (b) none of the proceeds of the Warrant will be applied for any "private business use" nor will any part of the proceeds of the Warrant be used (directly or indirectly) to make or finance loans to persons other than a governmental unit; (c) the payment of the principal of or interest on the Warrant will not be (under the terms of the Warrant or any underlying arrangements) directly or indirectly (i) secured in any way by any interest in property used or to be used for a "private business use" or by payments in respect of such property or (ii) derived from payments (whether or not to the City) in respect of property, or borrowed money, used or to be used for a "private business use;" (d) the proceeds of the Warrant shall not be used or applied by it, and the taxes or other revenues of the City shall not be accumulated in the Series 2026-B Warrant Fund in such a manner, and no investment thereof shall be made, as to cause the Warrant to be or become an "arbitrage bond," as that term is defined in Section 148 of the Code; (e) the City will comply with the requirements of Section 148(f) of the Code with respect to any required rebate to the United States; (f) the City will make no use of the proceeds of the Warrant that would cause the Warrant to be "federally guaranteed" under Section 149(b) of the Code and the payment of the principal of and interest on the Warrant shall not be (directly or indirectly) "federally guaranteed" (in whole or in part) as described in said Section, except as otherwise permitted in said Section; (g) to the extent permitted by law, the City will not take any action, or omit to take any action, with respect to the Warrant that would cause the interest thereon not to be and remain excludable from gross income pursuant to the provisions of Section 103 of the Code; and, (h) however, the City has not designated the Warrant as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. The Warrant is not "bank qualified." Page 102 of 258 Section 9. Financial Reporting. The City agrees to provide its audited financial statements to the Bank within 270 days of the end of the prior fiscal year, if not otherwise available to the Bank on the EMMA website, beginning with the fiscal year ending September 30, 2026, and such other financial information as the Lender may reasonably request. If the audited financial statements of the City are not available within 270 days of the end of the prior fiscal year end, the City will furnish unaudited financial statements to the Lender within such 270-day period, and will then supply the audited financial statements to the Lender immediately upon the availability thereof. The financial statements and other financial information may be sent to the Lender at the following email address (or such other address as the Lender supplies to the City in writing): PublicFinance@WebsterBank.com. A failure by the City to comply with the foregoing reporting requirement shall not constitute an event of default hereunder. Section 10. Event of Default; Determination of Taxability (a) The failure by the City to pay the principal of and interest on the Warrant within 30 days of the due date shall constitute an event of default, and the remedy to the Lender shall be its right to seek a writ of mandamus from the Courts in Baldwin County, Alabama, seeking to compel the City to make such payment. The Warrant shall bear interest at the rate set forth in Section 7 upon the occurrence of an event of default. (b) Upon the final, non-appealable determination by the IRS that the interest on the Warrant is taxable to the holder thereof, as a result solely of the action or inaction of the City, the interest rate on the Warrant shall be recalculated to equal a taxable-equivalent rate based on the prior tax-exempt interest rate on the Warrant, from the date that the interest on the Warrant to the registered owner thereof is taxable to the date of payment. Section 11. Authorization of Issuance of Warrant. (a) The Mayor, the City Treasurer, and the City Clerk, or either of them, are hereby authorized and directed to effect delivery of the Warrant to the Lender and in connection therewith to deliver such closing papers containing such representations as are required to demonstrate the legality and validity of the Warrant and the absence of pending or threatened litigation with respect thereto. (b) The City Clerk of the City shall give a receipt to the Lender for the purchase price paid, and such receipt shall be full acquittal to the Lender and the Lender shall not be required to see to or be responsible for the application of the proceeds of the Warrant. Nevertheless, the proceeds of the Warrant shall be applied solely to the purposes herein referenced. Section 12. Entire Agreement; Severability. This Ordinance represents the entire agreement of the Lender and the City. The provisions of this Ordinance are severable. In the event that any one or more of such provisions or the provisions of the Warrant shall, for any reason, be held illegal or invalid, such illegality or invalidity shall not affect the other provisions of this Ordinance or of the Warrant, and this Ordinance and the Warrant shall be construed and enforced as if such illegal or invalid provision had not been contained herein or therein. Section 13. Repeal of Conflicting Provisions. All ordinances, proceedings and orders or parts thereof in conflict with this Ordinance are, to the extent of such conflict, hereby repealed. Section 14. Provisions of Ordinance a Contract. The terms, provisions and conditions set forth in this Ordinance constitute a contract between the City and the registered owner of the Warrant and shall remain in effect until the principal of and interest on the Warrant shall have been paid in full. Page 103 of 258 Section 15. Waiver of Jury Trial. To the extent permitted by applicable law, the City and the Lender each hereby irrevocably waives its right to a trial by jury in any action or proceeding including the Lender and regarding the Warrant or this Ordinance. ADOPTED AND APPROVED THIS 12TH DAY OF OCTOBER, 2026 ________________________________ James Reid Conyers, Jr. Council President ATTEST: _____________________________ Lisa. A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 12TH DAY OF OCTOBER, 2026 ________________________________ Sherry Sullivan, Mayor Page 104 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1235 FROM: Hunter Simmons, Planning Director Mike Jeffries, Development Services Manager SUBJECT: Acceptance of all public streets and public right-of-ways dedicated on the plat; and all Fairhope public utilities located in public right-of- ways for Fox Hollow Ph3 for maintenance by the City of Fairhope. This resolution shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, or any irrigation systems installed within the right-of- way of public streets, whether or not such may be located within dedicated easements in any of these developments. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council approves and adopts Resolution. BACKGROUND INFORMATION: Clean up of an older approved subdivision that never received a resolution to officially accept the ROW and utilities. Mike Jeffries will be present to answer any questions. 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 105 of 258 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 106 of 258 RESOLUTION NO. _______ Page 107 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1237 FROM: Nicole Love, Grants Coordinator SUBJECT: Resolution - That the Fairhope City Council accepts the GOMESA grant award in the amount of $2,500,000 for Phase III of the Flying Creek Nature Preserve and authorizes Mayor Sherry Sullivan to sign any and all necessary documents. Phase III will complete the South parcel of the Preserve; including multi-use trails, mountain biking trails, adventure playground, restroom, pavilion, and other features to create a more active nature park. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: BACKGROUND INFORMATION: GOMESA funding for the third phase of FCNP. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-40835- 70 Federal Grants Revenue $0.00 $0.00 $0.00 $2,500,000.00 Budgeted as Federal Grants Revenue for this phase. GRANT: GOMESA LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 108 of 258 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 109 of 258 RESOLUTION NO. _______ , That the Fairhope City Council accepts the GOMESA grant award in the amount of $2,500,000.00 for Phase III of the Flying Creek Nature Preserve and authorizes Mayor Sherry Sullivan to sign any and all necessary documents. Phase III will complete the South parcel of the Preserve; including multi- use trails, mountain biking trails, adventure playground, restroom, pavilion, and other features to create a more active nature park. DULY ADOPTED THIS 12TH DAY OF OCTOBER, 2026 _________________________________ James Reid Conyers, Jr. Council President ATTEST: Lisa A. Hanks, MMC City Clerk Page 110 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 1 of 15 Rev. 11/1/2023 STATE OF ALABAMA ) ADCNR GRANT#: G-CFNPIII/26/CF BALDWIN COUNTY ) GOMESA GRANT AGREEMENT THIS GOMESA GRANT AGREEMENT, (“Agreement”) is made and entered by and between the State of Alabama Department of Conservation and Natural Resources hereinafter, referred to as “ADCNR”, and City of Fairhope, hereinafter referred to as “Grantee” (ADCNR and Grantee collectively hereinafter “Parties”) to provide funding made available to the State of Alabama under the Gulf of Mexico Energy Security Act of 2006 (“GOMESA”). In consideration of the mutual covenants herein contained, Grantee hereby agrees to perform, in proper sequence and in the time specified, all tasks necessary for successful completion of the project as hereinafter set forth. 1. PROJECT PURPOSE AND IDENTITY: The purpose of the Agreement is to provide funding under the Gulf of Mexico Energy Security Act of 2006 (GOMESA) to Grantee, in accordance with the authorized uses and purposes set forth in GOMESA, to construct Phase III improvements at Flying Creek Nature Preserve as described in the Disbursement Justification attached as Exhibit A (“Project”). 2. CERTIFICATION OF AUTHORIZED USES FOR PROJECT SERVICES: Grantee warrants and represents that it will only use the GOMESA funds provided under this Agreement in accordance with approved GOMESA uses and consistent with all applicable state and federal laws. Specifically, Grantee will use these funds for projects that satisfy one or more of the following authorized uses: a. Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; b. Mitigation of damage to fish, wildlife, or natural resources; c. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan; d. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects; and e. Planning assistance and the administrative costs of complying with GOMESA. 3. PROJECT SERVICES: Grantee warrants and represents that it will use the GOMESA funds provided under this Agreement in accordance with approved GOMESA uses and consistent with all applicable state and federal laws. Furthermore, Grantee shall provide, in accordance with all applicable laws, executive orders, codes, regulations, etc., all the necessary labor, materials, services, and facilities to successfully complete the Project and Page 111 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 2 of 15 Rev. 11/1/2023 fulfill all requirements of this Agreement including, but not limited to, requirements as set forth in Paragraphs 9 and 14. 4. PROJECT PERFORMANCE PERIOD: The Project Performance Period shall begin on the date of the Commissioner’s signature (“Project Commencement Date”) and end February 9, 2029. 5. AGREEMENT TERM: The Agreement Term for the fulfillment of all Project Services shall begin on the date of the Commissioner’s signature (“Effective Date”) and end ninety (90) days after the end of the Project Performance Period, unless extended in writing by ADCNR by amendment as provided herein. 6. NOTICE TO PROCEED: Grantee shall proceed with performing Project Services upon receipt of a fully executed Agreement which has been approved by the appropriate State of Alabama officials. 7. FUNDING AMOUNT/PAYMENT: ADCNR agrees to provide advance disbursement of GOMESA funds to Grantee for payment of Allowable Costs pursuant to two payments, for a total Agreement amount not to exceed TWO MILLION FIVE HUNDRED and 00/100 ($2,500,000.00), to allow satisfactory completion of all Project Services following full execution of this Agreement and submission by Grantee of an invoice for payment which shall include a reference to the Grant Number identified above. In the event these funds are not fully expended before the end of the Project Performance Period, the Grantee shall return the remaining funds to the ADCNR prior to the end of the Agreement Term in such manner as specified by ADCNR. 8. CONTINGENCY/ FUNDING AVAILABILITY: Grantee acknowledges and agrees that the commencement and continuation of funding pursuant to this Agreement shall be specifically contingent upon the receipt and availability of GOMESA funding for this Project. 9. ALLOWABLE COSTS: Allowable Costs allowed under this Agreement shall be determined in accordance with Exhibit A, subject to all requirements of GOMESA, local, state, and federal laws, as well as other applicable requirements, including the following: a. Grantee agrees that any expenditure related to any type of lower tier contract or subaward support prior to execution of a written agreement for such purpose may not qualify as an Allowable Cost. b. Grantee shall immediately notify ADCNR in writing in the event, subsequent to execution of this Agreement, it receives other financial assistance to support or fund any activity related to Project Services. Grantee further agrees that no costs funded Page 112 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 3 of 15 Rev. 11/1/2023 by such other sources constitute Allowable Costs to be funded pursuant to this Agreement. c. Grantee acknowledges that no pre-award costs or other costs incurred prior to the Effective Date of this Agreement shall constitute Allowable Costs, unless it receives express written approval from ADCNR. d. Grantee agrees that all disbursed funds shall be expended solely for Allowable Costs and that the amount of any expenditure determined by ADCNR not to constitute an Allowable Cost shall be immediately returned to ADCNR in such manner as specified by ADCNR. Grantee agrees and acknowledges that GOMESA funds cannot serve as a non-federal match for any other federal grant program. 10. REPORTS: Grantee agrees to submit semi-annual financial and performance reports no later than April 30 and October 30 of each year following execution of this Agreement. The semi-annual reports shall provide supporting documentation detailing Allowable Cost expenditures and Project activities during the reporting period. The Grantee further agrees to submit a Completion Report no later than ninety (90) days after the end of the Project Performance Period. The Completion Report must include a summary financial report detailing Project expenditures and a certification confirming both that Grantee has completed all Project Services and that all expenditures by Grantee of funds received pursuant to this Agreement constituted Allowable Costs. The Completion Report shall include supporting documentation establishing the Allowable Costs as to all expenditures, documents necessary to evidence successful Project completion, and any other documents to be maintained by ADCNR for purposes of recordkeeping and audit compliance. Additionally, if requested by ADCNR, data and reports generated or compiled within the scope of this Agreement shall be provided in digital format as may be specified by ADCNR. Grantee agrees that failure to submit such reports in a timely manner may result in the termination of this Agreement. All reports and correspondence submitted to ADCNR in connection with this Agreement shall be identified by the Grant Number identified above and shall be sent to the following: Alabama Department of Conservation and Natural Resources Attention: GOMESA Coordinator 31115 Five Rivers Blvd. Spanish Fort, AL 36527 11. INDEMNIFICATION AND HOLD HARMLESS: a. Grantee agrees to protect, defend, indemnify, save and hold harmless the State of Alabama and ADCNR, and any and all of their officers, agents, and employees, from and against any and all claims, demands, expense and liability arising out of injury or death to any person, or the damage, loss or destruction of any property, which Page 113 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 4 of 15 Rev. 11/1/2023 may occur or in any way grow out of, any act or omission of Grantee, its officers, agents, and employees, the Grantee, and the Grantee’s agents, servants, employees, and subcontractors. Grantee’s obligation and duty to protect, defend, indemnify, save and hold harmless ADCNR and its agents and employees shall include and extend to any and all costs, expenses, attorney fees, judgements, awards, and settlements incurred by the parties or their agents or employees as a result of any claims, demands, and/or causes of action arising out of the performance of the obligations or objectives set forth herein by Grantee. Grantee agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims are groundless, false or fraudulent. b. The provisions of this Paragraph shall survive the Agreement Term and remain a continuing obligation of Grantee. 12. CLAIMS FOR LIENS: Grantee shall be solely liable for and shall hold the State of Alabama, all State Agencies, Boards and Commissions, along with the respective officers, agents, servants, employees, and volunteers of each, harmless from any and all claims or liens for labor, services or material furnished to Grantee in connection with the performance of its obligations under this Agreement. 13. ASSIGNMENT / AMENDMENT: Grantee shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of ADCNR. ADCNR may from time to time, request amendments to various provisions of this Agreement. Such amendments, which are mutually agreed upon between ADCNR and Grantee, must be in writing and approved by all signatory/authorities prior to becoming effective. 14. CLOSEOUT PROCESS: The closeout process is the final reconciliation and reporting of program expenses and activities. This involves reviewing program expenditures and completion of deliverables, resolving any open commitments, collecting subrecipient documents, and submitting the required final reports, while adhering to the schedule developed by ADCNR. Grantee shall promptly finalize the closeout process upon the conclusion of the Project Performance Period. Any remaining payments or amounts otherwise due to Grantee may be withheld until all closeout documents and deliverables have been received by ADCNR. 15. TITLE VI AND EQUAL EMPLOYMENT OPPORTUNITY: The Grantee will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements issued pursuant to that title. In accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this Agreement. Page 114 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 5 of 15 Rev. 11/1/2023 16. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of the respective Parties hereto. 17. COMPLIANCE WITH LAWS: The Grantee shall comply with all applicable laws, ordinances, regulations, and codes of the federal, state, and local governments in the performance of this Agreement. Grantee shall procure all applicable federal, state, and local permits and shall pay all said fees. Grantee further agrees and acknowledges that the ADCNR is relying upon the Grantee to maintain compliance with all provisions of GOMESA in connection with Project Services and related activities and expenditures. 18. TAX / ASSESSMENT RESPONSIBILITY: Grantee hereby agrees that the responsibility for payment of any taxes or assessments associated with the Project shall be the Grantee's obligation and shall be identified under the appropriate Tax Identification Number. 19. ACCESS TO RECORDS: The State of Alabama, through ADCNR auditors and/or Alabama Examiners of Public Accounts, and the Federal Government, through any of their duly authorized representatives, shall be entitled to audit the books, documents, papers, records of the Grantee, and any lower tier recipients which are reasonably related to this Agreement. Grantee agrees to assist with any such audit as requested by ADCNR and further agrees to the following: a. Grantee shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at their respective offices at all reasonable times during the Agreement period and for six (6) years after date of final payment under this Agreement or as otherwise required pursuant the Department of Conservation and Natural Resources Records Disposition Authority (requirements current as of date of this Agreement available at: https://archives.alabama.gov/officials/rdas/conservation_rda.pdf), whichever period expires later, for inspection by any of the above entities, and copies thereof shall be furnished, if requested. b. Pursuant to Alabama Act No. 94-414, Grantee must forward a copy of every audit report issued in connection with funding provided under this Agreement where public funds are received and/or disbursed to: Department of Examiners of Public Accounts, P. O. Box 302251, Montgomery, Alabama 36130-2251, ATTN: Audit Report Repository; or to Central.Records@Examiners.Alabama.gov. Grantee shall also simultaneously therewith forward a copy of same to ADCNR. c. The provisions of this Paragraph shall survive the Agreement Term and remain a continuing obligation of Grantee. Page 115 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 6 of 15 Rev. 11/1/2023 20. INSURANCE: In addition, Grantee shall maintain in force, at its sole expense, liability insurance for injury or death or damage to property, in the amount of FIVE MILLION DOLLARS ($5,000,000) for claims which may occur or in any way grow out of any act or omission of Grantee or its officers, agents, or employees, which is intended to provide insurance coverage for Grantee’s indemnity obligations as set forth in Paragraph 11, and shall include ADCNR, its officers, employees, and agents, as additional insureds in said insurance policy. Grantee shall provide to ADCNR a current certificate of insurance. Any notices required to be provided by ADCNR hereunder shall be made to General Counsel, State of Alabama Department of Conservation and Natural Resources, 64 North Union Street, Suite 474, Montgomery, Alabama, 36130. 21. TERMINATION: In addition to terms of Paragraphs 8, 25, and 37, this Agreement may be terminated as follows: a. If, in the determination of ADCNR, Grantee fails to fulfill in timely and proper manner its obligations under this Agreement or violates any of the covenants, agreements or stipulations of this Agreement, ADCNR, in addition to all other available remedies, shall thereupon have the right to terminate this Agreement by giving written notice to Grantee, pursuant to Paragraph 32, of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Grantee under this Agreement shall become the property of ADCNR. b. ADCNR may terminate this Agreement at any time without cause by giving written notice to Grantee, pursuant to Paragraph 32, of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Grantee under this Agreement shall become the property of ADCNR. c. If the Agreement is terminated by ADCNR, as provided herein, Grantee shall promptly submit a statement detailing the actual services performed and associated Allowable Costs to date of termination. The Grantee shall immediately return any remaining funds to ADCNR in such manner as specified by ADCNR. 22. PRESS / EVENTS: Grantee shall notify the ADCNR of the location, date, and time of any press conferences, press releases, etc. related to this Project at least five (5) working days prior to the scheduled event or release. Page 116 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 7 of 15 Rev. 11/1/2023 23. CONFLICT OF INTEREST CERTIFICATION: The Grantee by his/her/its signature, certifies to the best of his/her/its knowledge and belief, no conflicts of interest existed or now exist which have, may have or have had any effect on this Agreement or any expenditure of funds associated with this Agreement. In addition, in the event Grantee cannot maintain this certification at any point during the Agreement Term, Grantee shall immediately notify ADCNR in writing at the address set forth in Paragraph 32 and suspend performance of services under this Agreement as well as any expenditure of funds under this Agreement until the potential conflict of interest is resolved to ADCNR’s satisfaction. 24. NONDISCRIMINATION: Grantee agrees to comply with all federal and state laws which prohibit discrimination, including on the basis of race, color, religion, age, sex, pregnancy, national origin, genetic information, veteran status or disability. 25. NON-APPROPRIATION AND PRORATION: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the Agreement shall be cancelled, and, to the extent permissible by law, the Grantee shall be reimbursed for the reasonable value of any non recurring costs incurred but not amortized in the price of the supplies or services delivered under the Agreement. To the extent permissible by law, this cost of cancellation may be paid from any appropriations available for that purpose. In the event that proration of appropriated funds from which the State is to pay the Grantee is declared by the Governor pursuant to Section 41-4-90 of the Code of Alabama, the Grantee shall have the option, in addition to the other remedies of the Agreement, of renegotiating the Agreement to extend or change payment terms or amounts, or terminating the Agreement. In all circumstances, it is agreed that the terms and commitments of this Agreement shall not constitute a debt of the State of Alabama in violation of Section 213 of the Constitution of Alabama, as amended. 26. NOT A DEBT OF THE STATE: It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this Agreement shall contravene any statute or constitutional provision or amendment, either now in effect or which may, during the course of this Agreement, be enacted, then that conflicting provision in the Agreement shall be deemed null and void. 27. ALTERNATIVE DISPUTE RESOLUTION: In the event of any dispute between the Parties, senior officials of both Parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail and the dispute involves the payment of money, a party’s sole remedy is the filing of a claim with the Board of Adjustment of the State of Alabama. For any and all other disputes arising under the terms of this Agreement which are not resolved by negotiation, the Parties agree to utilize appropriate forms of non- Page 117 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 8 of 15 Rev. 11/1/2023 binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center For Dispute Resolution of the Alabama State Bar. 28. IMMIGRATION: By signing this Agreement, the Grantee affirms, for the duration of the Agreement, that it will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, if found to be in violation of this provision, Grantee shall be deemed in breach of the Agreement and shall be responsible for all damages resulting therefrom. 29. NOT ENTITLED TO MERIT SYSTEM: Grantee understands and agrees that nothing in this Agreement entitles Grantee to any benefits of the Alabama State Merit System. 30. BOYCOTT: In compliance with Alabama Act No. 2016-312, Grantee hereby certifies that it is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which the State can enjoy open trade. 31. ECONOMIC BOYCOTT: In compliance with Ala. Act No. 2023-409, by signing this Agreement, Grantee provides written verification that Grantee, without violating controlling law or regulation, does not and will not, during the term of the Agreement engage in economic boycotts as the term “economic boycott” is defined in Section 1 of the Act. 32. NOTICE: Contact information of Parties for purposes of providing notice pursuant to the terms of this Agreement will be as set forth below, unless and until updated information is provided: All notices required to be given to ADCNR shall be sufficient if sent by certified mail or overnight courier to the following address: To ADCNR: Attention: Christopher M. Blankenship, Commissioner Alabama Department of Conservation and Natural Resources 64 N. Union St., Suite 468 Montgomery, AL 36130 Page 118 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 9 of 15 Rev. 11/1/2023 All notices required to be given to the Grantee shall be sufficient if sent by certified mail or overnight courier to the following address: To Grantee: City of Fairhope Attention: Sherry Sullivan, Mayor P.O. Box 429 Fairhope, AL 36533 33. SEVERABILITY: In the event any terms or provisions of this Agreement are deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms or provisions hereof. 34. GOVERNING LAW / SOVEREIGN IMMUNITY: This Agreement and related matters shall be construed in accordance with and governed by the substantive and adjective laws of the State of Alabama, including but not limited to the State’s right of immunity from suit as provided by Article 1 Section 14 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, without regard to its conflicts of law provisions. 35. CHOICE OF LAW / VENUE: Grantee agrees that the Laws of the State of Alabama shall govern and be controlling and binding over the provisions of the rights herein granted, including but not limited to the State's right of immunity from suit as provided by Article 1 Section 14 of the Official Recompilation of the Constitution of Alabama of 1901, and that, notwithstanding any provision to the contrary, the venue of any legal action brought in connection herewith shall be the circuit court of Montgomery County, Alabama. 36. ENFORCEMENT OF RIGHTS AND OBLIGATIONS: Failure of ADCNR to strictly or promptly enforce the rights and obligations herein shall not operate as a waiver thereof. 37. FORCE MAJEURE: In the case of a Force Majeure Event as defined herein, ADCNR reserves the right to immediately terminate the Agreement without prior notice to Grantee. Should this occur, neither party shall be liable for or be considered in breach of this Agreement due to any failure to perform its obligations as a result of a cause beyond its control, including, without limitation: (i) acts of God; (ii) flood, fire or explosion; (iii) actions, embargoes, quarantines, or blockades in effect on or after the date of this Agreement; (iv) national, state, or regional emergency whether ongoing or occurring on or after the date of this Agreement; (v) public health emergencies, outbreak, epidemic, or pandemic, whether ongoing or occurring on or after the date of this Agreement, including, without limitation, COVID-19; or (vi) any other event which is beyond the reasonable control of such party (each of the foregoing, a "Force Majeure Event"). Page 119 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 10 of 15 Rev. 11/1/2023 38. NO AGENCY: By entering into this Agreement, Grantee understands and agrees it is not an agent of the State, its officers, employees, agents or assigns. The Grantee is an independent entity from the State and nothing in this Agreement creates an agency relationship between the Parties. 39. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 40. SUPERSEDES: ADCNR and grantee represent that this Agreement supersedes all proposals, oral and written, all previous contracts, agreements, negotiations, and all other communications between the parties with respect to the subject matter hereof. 41. REVIEW AND EXECUTION: Grantee acknowledges and agrees that it has had the opportunity to seek legal counsel in connection with reviewing and executing this Agreement. Accordingly, any rule of law or legal decision potentially requiring interpretation of any claimed ambiguity in this Agreement against the drafting party shall have no application and is expressly waived by Grantee. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized. ADCNR: GRANTEE: ________________________________ ____________________________________ Christopher M. Blankenship Sherry Sullivan, Mayor Commissioner City of Fairhope Date: ____________________________ Page 120 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 11 of 15 Rev. 11/1/2023 EXHIBIT A State of Alabama GOMESA Disbursement Justification Background: GOMESA was enacted by Congress in 2006 and significantly enhances outer Continental Shelf (OCS) oil and gas leasing activities and revenue sharing in the Gulf of America. Among other things, GOMESA provides for enhanced sharing of leasing revenues with Gulf producing states and the Land & Water Conservation Fund for Coastal Restoration projects. GOMESA authorizes uses of the proceeds for the following purposes: a. Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; b. Mitigation of damage to fish, wildlife, or natural resources; c. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan; d. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects; and e. Planning assistance and the administrative costs of complying with GOMESA. Project Description: Flying Creek Nature Preserve Phase III – City of Fairhope Utilizing approximately $1 million in 2021 GOMESA funding (G-CFNP/21/CF), the City of Fairhope completed Phase I of the Flying Creek Nature Preserve (Nature Preserve) including construction of a creek side classroom on the 72-acre northern portion of the property, three miles of multi-use trails, a pedestrian tunnel connecting the northern and southern properties, and a trailhead kiosk and ADA accessible parking area with a bike repair apparatus, restroom, pavilion, and. In 2024, the City was awarded more than $1.3 million in Phase II GOMESA funding (G- CFNPII/24/CF) for outdoor classrooms, a canoe/kayak launch and overlook on Fly Creek, educational and wayfinding signage, a gully classroom, and trail surfacing. This GOMESA project will fund the construction of the Flying Creek Nature Preserve Phase III improvements to be located on the 36-acre southern property (Figure 1). The project will include engineering and design, permitting, and construction of Phase III improvements providing broader accessibility and usage for all visitors while also establishing the southern property as a more active Page 121 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 12 of 15 Rev. 11/1/2023 recreation area within the Nature Preserve. The improvements and amenities will include a restroom and storage facility, pavilion, multi-use trails, mountain bike trails with a pump track and bicycle skills area, bike washdown area, playground, and signage, with prescribed fire activities being implemented to help restore the native landscape (Figure 2). Ultimately, this GOMESA project will establish a vibrant, accessible recreation hub on the southern property, ensuring the land is conserved as a community park that is consistent with the restored natural landscape. This project meets several GOMESA Authorized Uses including projects and activities for the purposes of conservation, coastal protection, and coastal restoration; mitigation of damage to fish, wildlife, or natural resources; implementation of a federally approved marine, coastal, or comprehensive conservation management plan; and mitigation of the impact of OCS activities through the funding of an onshore infrastructure project. This project serves to revitalize and appropriately conserve the coastal ecosystem in an area experiencing rapid urban expansion. Upon completion, the expanded public access opportunities and associated planned access design will also mitigate impacts to natural resources caused by unmanaged access and user pressure. Furthermore, the Mobile Bay National Estuary Program’s Comprehensive Conservation & Management Plan (CCMP) for Alabama’s Estuaries & Coast 2026-2036 seeks to enhance existing public access sites under Activity Number G6 Ecosystem Restoration and Protection - 1 (G6-ERP- 1). In addition, the Alabama Coastal Area Management Program (ACAMP), established in accordance with the Coastal Zone Management Act of 1972, is intended to provide for the protection, restoration, and responsible development of the state’s coastal area. Section 309(a)(3) of the ACAMP seeks to attain increased opportunities for public access to coastal areas of recreational, historical, aesthetic, ecological, or cultural value. The multi-use trails and recreational improvements will mitigate the impacts of OCS activities through the funding of an onshore public access project that enhances public access and increases outdoor recreational opportunities in an area where access is limited. Project Duration: This project is expected to take approximately twenty-eight (28) months from the execution of the Agreement. Project Costs: Funding will be provided to the Grantee as two installments. The first installment will be disbursed following execution of the Grant Agreement for this project and submission of an invoice for payment of Allowable Costs which includes satisfactory evidence that Grantee is in compliance with insurance requirements set forth in Paragraph 20 of the Agreement. The second installment will be disbursed following submission of an invoice that includes (1) satisfactory evidence that Grantee is in compliance with insurance requirements set forth in Page 122 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 13 of 15 Rev. 11/1/2023 Paragraph 20 of the Agreement; (2) satisfactory verification that construction completion of project components can be achieved through available funding; (3) satisfactory verification that all previously disbursed funds have been and will be used for Allowable Costs. Anticipated Costs: Installment Category Estimated Cost 1 Pre-Construction Services (including Engineering & Design, Permitting) $156,300 2 Construction Costs (including Construction Engineering & Inspection) $2,343,700 Total GOMESA Funding Not to Exceed $2,500,000 Category line items above are general descriptions of the type of activities anticipated to be necessary in order to achieve project completion. These categories may include itemized personnel time and/or contract services associated with project activities. In addition, the final costs of project activities may vary from the individual line-item estimates set forth above. However, funding shall in no event exceed the total amount of approved funding for Allowable Costs as set forth pursuant to the Grant Agreement. Grantee agrees and acknowledges that GOMESA funds cannot serve as a non-federal match for any other federal grant program. Nexus to Authorized Use: This project meets the criteria set forth in authorized uses: (a) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; (b) Mitigation of damage to fish, wildlife, or natural resources; (c) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan and (d) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. ************************************************************************************************* Submitted and Approved By: ______________________________________ Sherry Sullivan, Mayor City of Fairhope Page 123 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 14 of 15 Rev. 11/1/2023 Figure 1: Flying Creek Nature Preserve Phase III Location Page 124 of 258 GOMESA GRANT AGREEMENT G-CFNPIII/26/CF Page 15 of 15 Rev. 11/1/2023 Figure 2: Flying Creek Nature Preserve Phase III Improvements Page 125 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1271 FROM: John Thomas, Public Works Director SUBJECT: The Director of Public Works, John Thomas, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for tree removal services on an annual contract. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve the award of Bid No. 26-050 Citywide Tree Removal Annual Contract to Looks Great Services of MS, Inc. for an annual contract amount not-to-exceed $75,000.00. BACKGROUND INFORMATION: A service bid was issued on September 4, 2026, posted to the City of Fairhope's website, and published in Gulf Coast Media. Four (4) responsive bids were received at the bid opening on September 29, 2026 at 10:00 a.m. The Director of Public Works recommends the award be made to Looks Great Services of MS, Inc. for providing the majority of the contract pricing for "typical" trees. Description Unit Tree Size Per Tree Price Emergency Per Tree Price Tree Removal to 6" Above Soil Line (Including Disposal) Per Tree 4- 12"d.b.h $550.00 $650.00 Tree Removal to 6" Above Soil Line (Including Disposal) Per Tree 13-24" d.b.h $890.00 $1,112.00 Tree Removal to 6" Above Soil Line (Including Per Tree 25-36" d.b.h $1,890.00 $2,362.00 Page 126 of 258 Disposal) Tree Removal to 6" Above Soil Line (Including Disposal) Per Tree 37-48" d.b.h $2,880.00 $3,600.00 Tree Removal to 6" Above Soil Line (Including Disposal) Per Tree 49-60" d.b.h $3,360.00 $4,200.00 The annual contract amount is not-to-exceed Seventy-Five Thousand Dollars ($75,000.00). The bid package is located in the Purchasing Office. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001360- 50360 Landscape - General Maintenance $50,000.00 $50,000.00 $0.00 Various- 50360 Various - General Maintenance $25,000.00 $25,000.00 $0.00 The total contract amount allows for other City departments to use vendor if needed. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 127 of 258 RESOLUTION NO. _______ , as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-050) Citywide Tree Removal Annual Contract for the City of Fairhope Public Works Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 26-050) Citywide Tree Removal Annual Contract [3] After evaluating the bid proposals with the required bid specifications, Looks Great Services of MS, Inc. is now awarded (Bid No. 26-050) Citywide Tree Removal Annual Contract for the City of Fairhope Public Works Department with an annual contract amount not-to-exceed $75,000.00. ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 128 of 258 Page 129 of 258 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Notes: Sherry Sullivan (Aug 20, 2026 07:11:16 CDT) Sherry Sullivan Page 130 of 258 Citywide Tree Removal Project Request Form Final Audit Report 2026-08-20 Created:2026-08-19 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAc8O3Wn6p-2qbt-tjgzweT_Eyplxyh0DE "Citywide Tree Removal Project Request Form" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2026-08-19 - 4:04:02 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2026-08-19 - 4:04:23 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2026-08-19 - 7:20:06 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2026-08-19 - 7:23:05 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2026-08-19 - 7:23:07 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2026-08-19 - 10:28:30 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2026-08-19 - 10:28:33 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2026-08-20 - 12:10:48 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2026-08-20 - 12:11:16 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Agreement completed. 2026-08-20 - 12:11:16 PM GMT Page 131 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1279 FROM: Richard Johnson, City Engineer John Thomas, Public Works Director SUBJECT: City Engineer, Richard Johnson, is requesting to approve the award of the Request for Quotes for Labor and Materials for the Landscape and Irrigation Installation for the K-1 Center Courtyard Project. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve the award of the Request for Quotes for Labor and Materials for the Landscape and Irrigation Installation for the K-1 Center Courtyard Project to Lindsey Landscaping, LLC for a not-to-exceed project cost of $59,380.60. BACKGROUND INFORMATION: City Engineer, Richard Johnson, is requesting to approve the award of the Request for Quotes for Labor and Materials for the Landscape and Irrigation Installation for the K-1 Center Courtyard Project. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent out to four (4) qualified contractors and published on the City's website. Four (4) qualified quotes were received. The lowest quote was from Lindsey Landscaping, LLC The City Engineer requests approval to award the Request for Quote to Lindsey Landscaping LC for a not-to-exceed project cost of Fifty-Nine Thousand Three Hundred Eighty Dollars and Sixty Cents ($59,380.60). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55884 Line 20 K-1 Center Project $59,380.60 $59,380.60 $0.00 Project No.: 2023EDA001 GRANT: Page 132 of 258 N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: Treasury to increase Project Ledger budget for 2023EDA001 for approved RFQ award. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 133 of 258 RESOLUTION NO. ________ , That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Landscape and Irrigation Installation for the K-1 Center Courtyard Project to Lindsey Landscaping, LLC for a not-to-exceed project cost of $59,380.60. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 134 of 258 Project:COF-2023 EDA001LS K-1 Center Courtyard Landscape & Irrigation Project - City of Fairhope A.) ITEM #DESCRIPTION SIZE UNIT QTY QUOTE UNIT PRICE QUOTE AMOUNT 1 Sweet Olive 2" CAL 5 $360.00 $1,800.00 2 20 $39.00 $780.00 3 Myers Asparagus Fern 1 Gal Each 46 $14.60 $671.60 4 10 $95.00 $950.00 5 Soft Caress Mahonia 3 Gal 29 $45.00 $1,305.00 6 Fatsia - Japanese Spider's Web 5 Gal 25 $49.00 $1,225.00 7 Annual Phlox 1 Gal 76 $22.50 $1,710.00 8 Purple Trailing Lantana 1 Gal 94 $12.50 $1,175.00 9 Nikko Blue Hydrangea 3 Gal 9 $39.00 $351.00 10 1 $375.00 $375.00 11 Pink Muhly Grass 5 Gal Each 48 $39.00 $1,872.00 12 3 $45.00 $135.00 13 Autumn Lily Azalea 3 Gal 3 $45.00 $135.00 14 Cleyera Bronze Beauty 10 Gal 2 $175.00 $350.00 15 Coral Drift Rose 3 Gal 25 $45.00 $1,125.00 16 Plumbago 3 Gal 1 $48.00 $48.00 17 Maki Yew Podocarpus 7 Gal 9 $89.00 $801.00 18 Colorama Scarlet Crape Myrtle 30 Gal 7 $365.00 $2,555.00 19 Border Concepts Border Flex Steel Landscape Edging Black 13 Gauge 4 in. x 10 ft.PC 127 $55.00 $6,985.00 20 Mulch - Premium Dark Brown 200 $8.50 $1,700.00 21 IP Soil Amendments Cubic Yard 6 $125.00 $750.00 22 Premium Top Soil Cubic Yard 6 $105.00 $630.00 23 Corteva Crew Pre-Emergent Herbicide 50 lb.Bag (QGCY)1 $275.00 $275.00 24 Tree Frog Pro40 Tree Stake Kit Nylon Anchor 1 in. x 12 ft.Each 13 $59.00 $767.00 A - Landscape Project Sub-Total: $28,470.60 B.) 1 free centipede grass (Eremochloa ophiuroides) sod, meeting ANSI/TPI standards, laid on prepared soil, rolled, watered, and maintained Centipede Square Yard 2800 $5.95 $16,660.00 B - Solid Sod Project Sub-Total: $16,660.00 C.) 1 Furnish and install - Irrigation Spray Zones - Rain Bird (Per Plans & Specifications) Per Plans & Specs Zone 10 $1,150.00 $11,500.00 C - Irrigation Project Sub-Total: $11,500.00 D.) 1 Mobilization/Demobilization Contingency LS 1 $2,750.00 $2,750.00 D - Contractor Contingency Sub-Total: $2,750.00 $59,380.60 K-1 CENTER - Irrigation Install K-1 CENTER - Contractor Contingency Quote Total: (A+B+C+D) K-1 CENTER - Plant Material, Bedding and Install K-1 CENTER - Solid Sod - Preparation and Install Lindsey Landscaping,LLC Quote -See Attached Page 135 of 258 Contractor Signature: Lindsey Landscaping LLC 16320 Silverhill Ave Silverhill, AL 36576 dlindsey@lindseylandscaping.net Estimate ADDRESS City Of Fairhope PROJECT: Hatch K-1 Center landscaping ESTIMATE #DATE 1998 09/23/2026 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT Plant sales Sweet Olive-30 gal pot 5 360.00 1,800.00 Plant sales Variegated Shell Ginger- 3 gal pot 20 39.00 780.00 Plant sales Myers Asparagus Fern-1 gal pot 46 14.60 671.60 Plant sales Shi Shi Gashira Camellia- 7 gal pot 10 95.00 950.00 Plant sales Soft Caress Mahonia-3 gal pot 29 45.00 1,305.00 Plant sales Spiders Web Fatsia-3 gal pot 25 49.00 1,225.00 Plant sales Emerald Blue Phlox-1 gal pot 76 22.50 1,710.00 Plant sales Purple Trailing Lantana-1 QT 94 12.50 1,175.00 Plant sales Nikko Blue Hydrangea-3 gal pot 9 39.00 351.00 Plant sales Jane Magnolia-25 gal pot specimen 1 375.00 375.00 Plant sales Pink Muhly Grass-3 gal pot 48 39.00 1,872.00 Plant sales Autumn Angel Azalea-3 gal pot 3 45.00 135.00 Plant sales Autumn Lily Azalea-3 gal pot 3 45.00 135.00 Plant sales Cleyera Bronze Beauty-15 gal pot 2 175.00 350.00 Plant sales Coral Drift rose-3 gal pot 25 45.00 1,125.00 Plant sales Plumbago-3 gal pot 1 48.00 48.00 Plant sales Maki Yew Podocarpus-7 gal po 9 89.00 801.00 Plant sales Scarlet Crepe Myrtle- 30 gal pot 7 365.00 2,555.00 Plant sales Border Concepts Steel metal 127 55.00 6,985.00 Page 136 of 258 Contractor Signature: DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT edging; black; per 10' stick installed misc. work Mulch-premium dark brown; 2 cu ft bag-installed 200 8.50 1,700.00 misc. work IP Soil Amendments- per cu yard installed 6 125.00 750.00 misc. work Screened Topsoil- per cu yard installed 6 105.00 630.00 misc. work Corteva Crew granular herbicide-per 50 lb bag applied to all flowerbeds 1 275.00 275.00 misc. work Tree Frog tree stake kit; anchor black- per kit installed 13 59.00 767.00 misc. work Centipede Sod- per sq yard delivered and installed prep work and grading is included in the price per sq yard 2,800 5.95 16,660.00 misc. work Irrigation system- per architectural specifications and requirements Priced per zone of popup sprays -includes valves, controller, wiring, ball valve and valve boxes -priced per zone 10 1,150.00 11,500.00 misc. work Contractors Contingency- mobilization/demobilization 1 2,750.00 2,750.00 TOTAL $59,380.60 Accepted By Accepted Date Page 137 of 258 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? Turnkey Landscape & Irrigation Installation K-1 Center 2. What is the total cost of the item or service? Not To Exceed - $59,380.60 3. How many do you need? One Landscape and Irrigation Project 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Lindsey Landscaping, LLC 6. Vendor Number: 9454 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? $125,000.00 3. Budget code: 103-55884 Line 20 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 138 of 258 Project:COF-2023 EDA001LS K-1 Center Courtyard Landscape & Irrigation Project - City of Fairhope A.) ITEM #DESCRIPTION SIZE UNIT QTY QUOTE UNIT PRICE QUOTE AMOUNT 1 Sweet Olive 2" CAL 5 INC INC 2 20 INC INC 3 Myers Asparagus Fern 1 Gal Each 46 INC INC 4 10 INC INC 5 Soft Caress Mahonia 3 Gal 29 INC INC 6 Fatsia - Japanese Spider's Web 5 Gal 25 INC INC 7 Annual Phlox 1 Gal 76 INC INC 8 Purple Trailing Lantana 1 Gal 94 INC INC 9 Nikko Blue Hydrangea 3 Gal 9 INC INC 10 1 INC INC 11 Pink Muhly Grass 5 Gal Each 48 INC INC 12 3 INC INC 13 Autumn Lily Azalea 3 Gal 3 INC INC 14 Cleyera Bronze Beauty 10 Gal 2 INC INC 15 Coral Drift Rose 3 Gal 25 INC INC 16 Plumbago 3 Gal 1 INC INC 17 Maki Yew Podocarpus 7 Gal 9 INC INC 18 Colorama Scarlet Crape Myrtle 30 Gal 7 INC INC 19 Border Concepts Border Flex Steel Landscape Edging Black 13 Gauge 4 in. x 10 ft.PC 127 INC INC 20 Mulch - Premium Dark Brown 200 INC INC 21 IP Soil Amendments Cubic Yard 6 INC INC 22 Premium Top Soil Cubic Yard 6 INC INC 23 Corteva Crew Pre-Emergent Herbicide 50 lb.Bag (QGCY)1 INC INC 24 Tree Frog Pro40 Tree Stake Kit Nylon Anchor 1 in. x 12 ft.Each 13 INC INC A - Landscape Project Sub-Total: $23,260.66 B.) 1 free centipede grass (Eremochloa ophiuroides) sod, meeting ANSI/TPI standards, laid on prepared soil, rolled, watered, and maintained Centipede Square Yard 2800 $7.70 $21,582.04 B - Solid Sod Project Sub-Total: $21,582.04 C.) 1 Furnish and install - Irrigation Spray Zones - Rain Bird (Per Plans & Specifications) Per Plans & Specs Zone 10 $1,822.39 $18,223.92 C - Irrigation Project Sub-Total: $18,223.92 D.) 1 Mobilization/Demobilization Contingency LS 1 $0.00 $0.00 D - Contractor Contingency Sub-Total: $0.00 $63,066.62 K-1 CENTER - Irrigation Install K-1 CENTER - Contractor Contingency Quote Total: (A+B+C+D) K-1 CENTER - Plant Material, Bedding and Install K-1 CENTER - Solid Sod - Preparation and Install Martiniere Landscape & Design Quote -See Attached Page 139 of 258 September 30, 2026 Contract No. - 251 City of Fairhope K1 Center ·Landscape Installation ·Irrigation Installation ITEM QTY UNIT PRICE TOTAL PRICE Labor 135.00 $80.00 $10,800.00 Soil - Planting Mix 16.00 $62.00 $992.00 Pine Straw Long Needle Roll 55.00 $18.55 $1,020.25 SWEET OLIVE 5.00 $165.00 $825.00 GINGER VARIEGATED SHELL 20.00 $38.00 $760.00 FERN ASPARAGUS 46.00 $13.00 $598.00 CAMELLIA S. SHI SHI GASHIR 10.00 $68.00 $680.00 MAHONIA SOFT CARESS PP20183 23.00 $40.00 $920.00 FATSIA SPIDERWEB 25.00 $38.10 $952.60 1 Gal - Annuals 76.00 $5.96 $453.20 LANTANA LAVENDER TRAILING 45.00 $14.00 $630.00 ROSE DRIFT CORAL TMPPAF19148 13.00 $43.00 $559.00 PINK MUHLY 28.00 $36.00 $1,008.00 Crape Myrtle 'Colorama Scarlet Crape'4.00 $315.35 $1,261.38 MAGNOLIA JANE 1.00 $353.75 $353.75 HYDRANGEA NIKKO BLUE 9.00 $38.00 $342.00 AZALEA - ENCORE AUTUMN ANGEL ™ PP15227 3.00 $40.00 $120.00 AZALEA - ENCORE AUTUMN Lily 3.00 $40.00 $120.00 CLEYERA BRONZE BEAUTY ™ PP11735 2.00 $98.00 $196.00 PLUMBAGO 1.00 $28.00 $28.00 PODOCARPUS MAKI 7.00 $65.00 $455.00 Pro-40 Tree Stake Kit Nylon Anchor Green 1 in. x 12 ft.5.00 $37.30 $186.48 Irrigation Labor 150.00 $75.00 $11,250.00 Rain Bird Controller ESP-TM2 Indoor/Outdoor 6 Station 1.00 $222.75 $222.75 PVC Pipe 1 in. x 20 ft. Sch 40 Bell End (Priced per ft.)330.00 $1.85 $610.50 PVC Pipe 1 in. x 20 ft. Sch 40 Bell End (Priced per ft.)1,450.00 $1.05 $1,522.50 Martiniere Landscape and Design LLC • P.O. Box 401 • Fairhope, AL 36533 Page 1/7 Page 140 of 258 Contract No. - 251 City of Fairhope K1 Center September 30, 2026 Rain Bird SA Swing Assembly 1/2 in. x 12 in. MIPT 110.00 $4.90 $539.00 Rain Bird 1812 Spray Body Side Inlet 12 in. Pop Up 78.00 $14.00 $1,092.00 Rain Bird 5004 Part-Circle Rotor 4 in. Riser 32.00 $17.30 $553.44 Oatey Turf Tite Blue PVC Cement Low VOC Medium Body 1 qt.4.00 $52.17 $208.68 Oatey Uni-Weld Clear Cleaner High VOC 1 qt.4.00 $34.55 $138.20 Rain Bird DVF Globe Valve Plastic 1 in. w/ Flow Control FIPT x FIPT 10.00 $40.99 $409.89 NDS Standard Valve Box Lid Round 10 in. Overlapping Green Polyethylene ICV Lid Only 10.00 $26.51 $265.09 Multi Conductor Wire Black 18 Gauge 13 Conductor 500 ft. (Priced per ft.) 330.00 $2.31 $761.87 Material Budget for fittings 1.00 $650.00 $650.00 Landscape Labor 84.00 $75.00 $6,300.00 Sod - Centipede 25,200.00 $0.61 $15,282.04 $63,066.62 WORK ORDER SUMMARY SERVICES SALES TAX TOTAL PRICE Plant Installation $0.00 $23,260.66 Irrigation Installation including temporary sod irrigation $0.00 $18,223.92 Lawn Installation $0.00 $21,582.04 $0.00 $63,066.62 Sale $63,066.62 Sales Tax $0.00 Total $63,066.62 Acceptance of Work The client has inspected the landscape project. The client has delivered to the contractor a written list of all items the buyer believes have not been properly constructed or are not in proper condition. Except as noted on this list, the client accepts the landscape as is, and acknowledges that he or she has no further claim against the contractor for any item that was not listed that could reasonably have been ascertained or observed during the client's inspection. The client has no objections as to color, appearance, type or brand of materials, dimension or size, location, or any other conditions that could reasonably have been discovered by the client during the inspection. The client understands that no warranties are being made by the contractor except those appearing in the contract documents. The client is not relying on any representations, promises, or warranties except for the written limited warranty that appears in the contract documents. The client acknowledges receipt from the contractor of all documents to which the client is entitled. Each provision of this certificate is separate and severable from every other provision. If any single provision is declared invalid or unenforceable, the client and the contractor understand that all the other provisions will be valid and enforceable. This Contract is only valid for 15 days and must be signed and a deposit sent to Martiniere Landscape & Martiniere Landscape and Design LLC • P.O. Box 401 • Fairhope, AL 36533 Page 2/7 Page 141 of 258 Contract No. - 251 City of Fairhope K1 Center September 30, 2026 Design before the work is scheduled. Procedure for Extra Work and Changes If it shall become necessary for the Contractor to make changes in any designs, drawings, plans, software, reports or specifications for any part of the project or reasons over which we have no control, or we are put to any extra work, cost or expense by reason of any act or matter over which it has no control, the Customer will pay to the Contractor a fee for such changed or extra Work calculated on a time and materials basis. All changes to Work or pricing or the terms of this Agreement will be read and understood within the context and meanings of this Agreement unless stated explicitly to the contrary. Extras to the Contract are payable by the Owner forthwith upon receipt of the Company's invoice. Change Notice: Any Contract change in scope in excess of five hundred dollars ($500.00) requires a Contract Change Notice under which Work is to proceed. Work will not commence under a Contract Change Notice (CNN) unless with written Owner approval. For Changes in scope of less than five hundred dollars ($500.00), the Contractor will provide the Customer notification by way of communication with the owner such as by text or phone call. In either instance, such notification shall be plain and clear in terms of scope and reason. Exclusions The Following matters are excluded from the Work, unless specified in writing to the contrary: ·Electrical Work is to be done by a certified electrician only and is always additional to the Contract. ·Damage to existing irrigation lines during construction is considered to be an additional cost. ·Site Unknowns: Including, but not limited to, sub-surface conditions/obstacles that create unforeseen labor, equipment, material or disposal charges ·Damages caused by "Acts of God", i.e. Freeze Damage, Hurricane, Lightning, Fire, Theft, Vandalism, Extreme Thunderstorms, Extreme Winds, or Flooding / Excessive Water ·PERENNIALS WILL NOT BE GUARANTEED / WARRANTIED ·ALL SOD WILL NOT BE GUARANTEED / WARRANTIED Warranty and Tolerances ·Payments Received: The Warranty for the contract is only valid if payment is received in full on completion of the work. Landscape planting must be 100% covered irrigation and the property has to be properly maintained and received appropriate chemical applications and will be warrantied for one (1) year from the day of completion. A reputable landscape maintenance company should be hired to maintain the plantings or the homeowner. A written and verbal notice should be sent to Martiniere Landscape & Design as soon as an issue arises. ·Sod will not be warrantied but will be healthy and thriving at the time of installation ·Perennials will not be warrantied due to our cold winters ·All Non - Irrigated plant material will not be warrantied under any circumstances. ·Diligence: the Contractor agrees to carry out its Work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that it’s work will be of proper and professional quality, and in full conformity with the requirements of the contract. ·Competence: the Contractor warrants that it is competent to perform the Work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively. ·Site Unknowns: It is the responsibility of the Client or the Client’s Representative to fully inform Martiniere Landscape and Design LLC • P.O. Box 401 • Fairhope, AL 36533 Page 3/7 Page 142 of 258 Contract No. - 251 City of Fairhope K1 Center September 30, 2026 the Contractor of all the information regarding site unknowns that may include difficult buried materials, cables, and pipes, tree stumps, drainage or water table issues, rock and shale sub- surfaces and/or other impediments, issues or factors that could otherwise impact the quality, cost and timeliness of project completion. Failure to notify the Contractor may lead to additional costs to the Client (at the Contractor’s discretion) and schedule time not included in the Quotation in Schedule 1, and may require changes in design and construction to overcome such problems – all for which the Client will be responsible. Client can avoid such risks by permitting the Contractor to do appropriate soil and ground tests, review the site, and to secure additional required site information from appropriate government and other authorities. The cost(s) of such additional work is not included in the Quotation in Schedule 1 attachment. ·Damaged Utilities: Should damage occur to utilities during construction, the Contractor is only liable for the cost of the repair. The Contractor is not liable in any way for inconvenience to the Client caused by damage to the utilities. ·Damage to neighbors buried utilities, on the Client’s property, are the responsibility of the Client. ·Building/Window/Vehicle Washing: Buildings, windows, or vehicles of the Client, including neighbors, are not intended to be kept clean due to dust during Construction or Work performed by the Contractor. Any necessary cleaning due to Construction or Work by the Contractor will be the responsibility of the Client. Material Tolerances ·Wood: Pressure treated wood cannot be guaranteed against warp age, checking, or cupping. Cedar is expected to crack especially 6X6 up to 3/8 inch gaps and the entire length of the wood. Ipe is expected to crack especially 4X4 up to 3/8 inch gaps and the entire length of the wood. ·Stone: Natural stone has color variations that vary from stone to stone. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. This is the nature of the product and the Client accepts this as a natural and acceptable quality of the stone. Stone installed on top of a slab can crack and Martiniere can not be responsible for cracking through concrete. This is also for Travertine, Marble, and other natural or man made decking material. ·Metal: Metal, which is not galvanized, is not guaranteed form rusting commencing immediately after installation. ·Concrete: Spider cracks (hairline stress-fractures) are considered a normal characteristic of all types of concrete. Larger cracks can occur due to circumstances that are not in Martiniere Landscape Control - i.e. weather curing rate, mixture rate from the concrete company, etc. Concrete may crack substantially over time due to proximity of tree roots. Colored concrete consistencies vary from truck to truck; therefore it is not possible to produce an exact match with pours over nine meters. The Client absolves the Contractor of liability if “smooth” concrete is the desired finish (due to slippage). Decking on top of the concrete can experience cracks if the concrete cracks and can not be warrantied due to the nature of concrete. ·Warranty Time Period: the Contractor warrants all construction and installation for a period of one (1) year, providing that they have been maintained properly. All construction materials are subject to manufacturer’s specific warranties/guarantees. Planting is warranted for one (1) year if there is an approved irrigation system. ·Client Responsibilities: The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements in order for the Warranty to remain in affect. Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of the Contractor. For example, flooding eaves troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warrantees provided by the Contractor. ·Use of Client Selected and Approved Substandard Materials: Client recognized and agrees Martiniere Landscape and Design LLC • P.O. Box 401 • Fairhope, AL 36533 Page 4/7 Page 143 of 258 Contract No. - 251 City of Fairhope K1 Center September 30, 2026 that if the Client has chosen and approved the use of materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted, but will remain in affect for all other elements of the project not impacted directly or indirectly by use of materials. The Contractor will notify in writing to the Client any material that the Client has selected that would void the one year warranty of the Contractor – prior to purchasing and/or installing such materials. ·Material Grades: The Client recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood have knots, and other natural materials have variability in color due to a wide range of factors, and that sample while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. the Contractor shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and related of all materials begin seriously considered for installation on a project, however, it will be responsibility of the Client for the final selection of those materials. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed. Planting + Plant Warranty ·Trees and Shrubs: All trees and shrubs are warranted from the date of installation, provided that the Contractor is in agreement that the plants are sufficiently hardy and appropriate for the soil, climate, and weather conditions associated with the site, and that they are properly maintained in keeping with standards for assuring the longevity of such plants. ·Transplanted Plant Material: Transplanted plant material will NOT be warrantied under any circumstances. ·Perennials: Perennials are not warrantied, "Delicate” Plants, such as rhododendrons and plants that are not typically suitable for the Client’s plant zone, may come with no warranty, due to the risk involved. (i.e. Philodendron, palms etc.) ·Winter Protection: All fragile plants shall be covered in the case of weather below freezing. ·Plant Seasonality: Various plants, bushes, shrubs, and trees have ideal times for planting. Planting out of season at the request of Clients will void any warranty for those plants. the Contractor will point out in writing to the Client any requested planting that will void the warranty on those plants so affected by out of season planting. The Client reserves the right to request that plants that cannot be planted with out voiding the warranty be exchanged or planted in the next plantable season without any additional costs being borne by the Client. ·Plant Availability: In some instances, some plants, shrubs, bushes, and trees may not be readily available to procure in time for the required planting period associated with the Contract. In that event, the Contractor will work closely with the Client to provide a approved substitution(s) – subject to availability. The Client will always reserves the right to request plants and related materials that are not locally available. ·Plant Diseases: Should the Client recognize ill health in the plants, shrubs, bushes, or trees that have been supplied under the Contract, it is the Client’s responsibility to immediately inform the Contractor. the Contractor will determine the nature and source if the illness. If it is deemed that the plant was infected prior to installation, the Contractor reserves the right to first using herbicides, fertilizers, and insecticides to return the plants to good health. Should efforts to restore the plant’s heath fail, the Client is entitled to a refund only. Due to plant availability, the Client assumes the risk and liability of rare specimens. However, the Contractor reserves the right to remove all or a portion of the warranty depending upon the nature of the source of the plant infections and the approved policies of the Contractor. In all cases, the Contractor shall work with the Client to minimize damage to the existing Contract related plants. ·Plant Replacement: the Contractor is entitled to up to one(1) year to source, match and replace dead or ill plants (due to scarcity). Should the plant be a matching pair or series, and it is not Martiniere Landscape and Design LLC • P.O. Box 401 • Fairhope, AL 36533 Page 5/7 Page 144 of 258 Contract No. - 251 City of Fairhope K1 Center September 30, 2026 possible to replace, the Contractor agrees to replace all plants in the series or pair at the Contractor’s cost. ·Lawns: New lawns are not guaranteed. New lawns are guaranteed to be healthy at time of installation only. Sod staples can be installed for an additional fee to deter animals from causing damage. Pegs are not guaranteed to prevent damage from animals. ·Water Plants: Water plants are guaranteed for same-planted season only. ·Weeds: the Contractor shall use it’s efforts to minimize any weeds, however, the Contractor shall not be required to inspect or otherwise ensure that there is no weed or other unwanted plant matter upon the Client’s property in any soil or root balls/planting container of plant materials, nor shall it provide warranty for the removal of existing weeds. ·Replacement plant material: the Contractor does not guarantee plant material that has been transplanted on site. Replacement plant material is not guaranteed. There must be a 30 day notice for all plant problems. Contact us immediately when a problem occurs. Martiniere will not replace plant materials from "acts of God" "i.e. Freeze, lack of water, too much water, excess wind, storm, hurricane, etc." ·Required Maintenance: the Contractor will provide technical specification sheets on all materials and horticulture constructed, erected, implemented or planted on the site as part of the Contract. Failure to follow the recommendations with equal, equivalent or superior maintenance efforts, tools and resources will void any Contractor warranty on items so affected. Where the Contractor recognizes that the Client lacks sufficient resources (water pressure, power outlets, and related) to enable the full maintenance and enjoyment of the materials, construction(s) and/or horticultural elements associated with this Contract, the Contractor will also inform the Client and recommend possible solutions. However, the Contractor is not obliged to be wary of such needs or to account for them in this Contract in terms of design, construction or costs, and the Client fully accepts responsibility for obtaining such knowledge and acting accordingly. ·Water Supply: Where water supply becomes an issue and negatively detracts from ponds, waterfalls, and other water features, the Client recognizes and agrees that such problems are the sole responsibility of the Client. ·Irrigation: If the irrigation system is adjusted by the homeowner or someone other than a Martiniere Landscape & Design Representative, the warranty will be null and void until the end of the warranty Period. ·Non Warrantied Plants: Japanese Yew, Dogwood, Echinacea, Citrus, Boxwood, Red Maples Payment Terms and Conditions Upon the acceptance of the work, a deposit of 1/2 of the entire contract is due. If the project is a large project, the Contractor will require weekly or bi-weekly payments throughout the project until the last payment for the completion of the project. ·Should the Client fail to make payments as they become due under the terms of the Contract or in the event of any claim, interest at eighteen percent (18%) annually on such unpaid amounts shall also become due and payable until payment. ·The act of non-payment creates a lien in favor of the Contractor Inc. in any and all equipment and property of the Client in the possession of the Contractor Inc. as well as in the Work in progress as at the date of termination. the Contractor Inc. shall be at liberty to retain possession of the same pending payment in full. ·Notwithstanding anything contained herein to the contrary, the completion date of the Work shall be deemed to be extended by that number of days equal to any delay in payment to the Contractor Inc. By By Martiniere Landscape and Design LLC • P.O. Box 401 • Fairhope, AL 36533 Page 6/7 Page 145 of 258 Contract No. - 251 City of Fairhope K1 Center September 30, 2026 Tommy Martiniere 9/30/2026Date Date Martiniere Landscape and Design LLC City of Fairhope K1 Center Martiniere Landscape and Design LLC • P.O. Box 401 • Fairhope, AL 36533 Page 7/7 Page 146 of 258 City of Fairhope Public Works Project COF-2023 EDA001LS Proposal by: Russell Landscape Group K-1 Center Courtyard Landscaping & Irrigation Project Contact: Myles Hollingsworth 850-982-2024 Request for Quotes (RFQ)mylesh@russelllandscape.com A.) K-1 Center - Plant Material, Bedding and Install Item #Description Size Unit QTY Quote Unit Price Quote Amount 1 Sweet Olive 2" CAL.Each 5 320.00$ 1,600.00$ 2 Variegated Shell Ginger 3 Gal Each 20 19.08$ 381.50$ 3 Myers Asparagus Fern 1 Gal Each 46 8.62$ 396.50$ 4 ShiShi Gashira Camellia 7 Gal Each 10 84.60$ 846.00$ 5 Soft Caress Mahonia 3 Gal Each 29 28.29$ 820.50$ 6 Fatsia - Japanese Spider's Web 5 Gal Each 25 40.03$ 1,000.75$ 7 Annual Phlox 1 Gal Each 76 14.76$ 1,122.00$ 8 Purple Trailing Lantana 1 Gal Each 94 7.85$ 738.25$ 9 Nikko Blue Hydrangea 3 Gal Each 9 19.08$ 171.75$ 10 Jane Magnolia 2" CAL.Each 1 612.00$ 612.00$ 11 Pink Muhly Grass 5 Gal Each 48 12.93$ 620.75$ 12 Autumn Angel Azalea 3 Gal Each 3 29.08$ 87.25$ 13 Autumn Lily Azalea 3 Gal Each 3 23.75$ 71.25$ 14 Cleyera Bronze Beauty 10 Gal Each 2 69.25$ 138.50$ 15 Coral Drift Rose 3 Gal Each 25 34.43$ 860.75$ 16 Plumbago 3 Gal Each 1 18.50$ 18.50$ 17 Maki Yew Podocarpus 7 Gal Each 9 53.89$ 485.00$ 18 Colorama Scarlet Cape Myrtle 30 Gal Each 7 304.64$ 2,132.50$ 19 4 in. x 10 ft.PC 127 8.52$ 1,082.00$ B.) K-1 Center - Solid Sod - Preparation and Install 1 centipede grass (Eremochloa ophiuroides) sod, meeting ANSI/TPI standards, laod on prepared soil, Centipede C.) K-1 Center - Irrigaiton Install 1 Zone 10 21,957.25$ 21,957.25$ D.) K-1 Center - Contractor Contingency Quote Total: (A+B+C+D)65,848.00$ Page 147 of 258 Proposal 30-72-XX Contract Number : Date:September 28, 2026 Job Name:Hatch K-1 Center Job Address: Contact: SCOPE OF WORK DESCRIPTION SIZE QTY Sweet Olive 2" CAL.5 Variegated Shell Ginger #3 20 Myers Asparagus Fern #1 46 ShiShi Gashira Camellia #7 10 Soft Caress Mahonia #3 29 Fatsia - Japanese Spider's Web #5 25 Annual Phlox #1 76 Purple Training Lantana #1 94 Nikko Blue Hydrangea #3 9 Jane Magnolia 2" CAL.1 Pink Muhly Grass #5 48 Autumn Angel Azalea #3 3 Autumn Lily Azalea #3 3 Cleyera Bronze Beauty #10 2 Coral Drift Rose #3 25 Plumbago #3 1 Maki Yew Podocarpus #7 9 Colorama Scarlet Crape Myrtle #30 7 Border Concepts Border Flex Steel Landscape Edging, Black 13 Gauge LF 130 Mulch - Premium Dark Brown Bag 200 IP Soil Amendments CY 6 Premium Top Soil CY 6 Page 148 of 258 SCOPE OF WORK DESCRIPTION SIZE QTY Corteve Crew Pre-Emergent Herbicide Bag 1 Tree Frog Pro40 Tree Stake Kit Kylon Anchor, Black EA 13 Centipede Sod SY 2800 Watering to Establish Centipede Sod LS 1 Irrigation System Installation LS 1 Mobilization, Freight and Preparation LS 1 Soil Delivery Load 2 PRICE LISTED IS VALID FOR 30 DAYS FROM DATE ISSUED TOTAL COST:$65,848.00 Page 149 of 258 Project Total:$65,848.00 TERMS AND CONDITIONS 1. COMPLIANCE AND QUALIFICATIONS Russell Landscape Group ("RLG") agrees to perform all work in accordance with the written terms, specifications, drawings, and scope outlined in the Agreement. All materials furnished shall comply with bid specifications and applicable industry standards. RLG will assign qualified representatives with appropriate experience in landscape installation, enhancement, irrigation, and related services. All personnel shall be competent, properly trained, and presentable at all times. 2. LICENSES, PERMITS, TAXES, AND INSURANCE RLG shall maintain all licenses and permits required by local, state, and federal authorities. RLG shall pay all applicable taxes, including sales tax where required on materials supplied as part of the work. RLG maintains, at minimum: General Liability Insurance Automotive Liability Insurance Workers' Compensation Insurance Any additional insurance required by written agreement Certificates of insurance may be provided upon request. 3. LIABILITY AND SUBCONTRACTORS RLG shall not be liable for damages caused by the Customer, the Customer's agents, or third parties. RLG reserves the right to engage qualified subcontractors for specialized functions or work requiring specialized equipment. All subcontracted work shall remain subject to RLG quality standards and supervision. 4. ADDITIONAL SERVICES, CHANGE ORDERS, AND JOBSITE ACCESS Change Orders: Any work outside the agreed scope that results in additional cost shall be performed only with a written and approved change order. Access: Customers shall provide RLG with access to all portions of the jobsite necessary to perform the work and shall furnish utilities, including water and electricity, where required. Underground Clause: Russell Landscape Group shall contact the applicable utility locate service (811 / Dig Safe) prior to excavation in accordance with state requirements and will exercise reasonable care when working near marked public utilities. Russell Landscape Group shall not be responsible for damage to underground or concealed utilities, irrigation systems, wiring, piping, foundations, or structures that are unmarked, unknown, incorrectly located, improperly marked, or not reasonably discoverable prior to commencement of work. The Customer is responsible for identifying and disclosing the location of all private utilities, including but not limited to private irrigation lines, low-voltage wiring, drainage systems, private gas lines, and private communication lines such as cable and internet services extending from junction points to individual units or structures. This responsibility includes either providing accurate location information prior to work, authorizing Russell Landscape Group to furnish a proposal for private utility locating services or accepting responsibility for repair costs associated with damage to undocumented or improperly marked private utilities.Page 150 of 258 If subsurface conditions are encountered that differ materially from those reasonably anticipated, including but not limited to ledge rock, large boulders, buried debris, or other obstructions that cannot be removed using the standard equipment or methods intended for the scope of work, Russell Landscape Group shall notify the Customer. A change order shall be issued for additional labor, equipment, specialty services, or alternative solutions required to proceed. Depending on site conditions and feasibility, such change order may include removal of the obstruction using specialized equipment or services, or relocation of plant material, structures, or installations to a more suitable location as approved by the Customer. Custom Designs: Design Ownership and Use: All designs, drawings, plans, details, specifications, and related documents prepared by Russell Landscape Group ("RLG") remain the sole property of RLG unless otherwise agreed to in writing. If the Customer does not enter a contract for construction or installation with RL G, the Customer may not reproduce, share, distribute, or use such designs for construction or pricing by others without RLG's prior written consent. Unauthorized use of RLG designs may result in additional charges or legal action to protect RLG's intellectual property rights. Site Conditions and Owner Responsibilities: The Customer is responsible for maintaining the job site in a condition that allows Russell Landscape Group to perform work safely and efficiently. If site conditions, obstructions, debris, or access limitations not caused by RLG prevent work from proceeding as scheduled, RLG reserves the right to delay work and/or issue a change order for additional labor, mobilization, or standby time required as a result. 5. GENERAL WARRANTY PROVISIONS All warranties provided herein apply only to the specific services included in the approved scope of work. Warranties do not apply to adjacent systems, interconnected components, or site conditions outside the contracted scope. Replacement or repair of any item under warranty shall not extend or restart the original warranty period. R eplacement items carry only the remaining balance of the original warranty term. No individual is authorized to extend, modify, or alter warranty terms unless approved in writing by an authorized representative of RLG. 6. MAINTENANCE RESPONSIBILITY AND WARRANTY APPLICABILITY Warranty coverage applies to installation defects and workmanship only. Warranty does not apply to failures resulting from lack of routine inspection, irrigation schedule adjustments, pest and disease monitoring, fertilization, or other activities typically associated with professional landscape maintenance. When Russell Landscape Group provides ongoing landscape maintenance services for the property: Warranty coverage shall remain in effect, provided the Customer promptly reports signs of decline or failure and does not interfere with maintenance practices. When maintenance is performed by the Customer or a third party: The Customer assumes responsibility for failures resulting from improper watering, delayed detection of issues, incompatible chemical applications, or insufficient maintenance practices. 7. BASE WARRANTY EXCLUSIONS (APPLIES TO ALL SERVICES) Unless otherwise stated in writing, warranties do not cover: Overwatering, underwatering, unauthorized chemical applications, or mechanical damage when RL G is not providing maintenance services Acts of God, extreme weather events, or conditions exceeding normal regional expectations Page 151 of 258 Wildlife damage, including but not limited to deer, rabbits, rodents, or insects Vandalism or damage caused by third parties Soil, drainage, grading, or environmental conditions not corrected under contract Damage caused by vehicles, mowing equipment, construction activity, or excavation Pre-existing site or system conditions not included in the approved scope 8. PL ANT MATERIAL WARRANTY – TREES, SHRUBS, AND SOD RLG provides a one (1) year limited warranty on trees, shrubs, and sod from the date of installation. W arranty includes material and labor for one (1) replacement per failed item. Warranty applies only if: A functional irrigation system is present at installation and maintained throughout establishment Proper watering and seasonal adjustments are performed Plant material is not relocated or disturbed after installation Exclusions include, but are not limited to, insect damage, disease, wildlife, vandalism, chemical exposure, improper watering, and soil or drainage conditions outside contract scope. 9. HARDSCAPE WARRANTY RLG provides a one (1) year workmanship warranty on hardscape installations. Hardscape materials are subject to the manufacturer's warranty for defects in materials. Manufacturer warranties may extend beyond Russell Landscape Group's workmanship warranty period and apply solely to material defects as defined by the manufacturer. In certain cases, Russell Landscape Group may perform corrective work on behalf of the manufacturer when a material defect is confirmed and may be compensated by the manufacturer for such work. This warranty does not cover: Efflorescence or natural color variation Settlement or failure due to loading beyond design intent Damage caused by hydrostatic pressure or drainage conditions outside contracted scope Tree roots, ground movement, freeze/thaw cycles beyond normal conditions 10. IRRIGATION REPAIR AND INSTALL ATION WARRANTY For irrigation installation services, RLG warrants newly installed components for one (1) year from completion against defects in workmanship and materials. For irrigation repair services, warranty is limited to the specific component repaired only. S ystem-wide failures or additional issues discovered after restoration of pressure are not included in the original repair scope and are not warranty items. Warranty requires proper system operation, seasonal schedule adjustments, and prompt reporting of issues. 11. ANNUAL COLOR INSTALL ATION WARRANTY RLG provides a one-season limited warranty on annual color installation: Spring installations: installation date through September 30 Fall installations: installation date through March 31 Page 152 of 258 Warranty includes plant material and labor for one replacement per affected area and requires proper irrigation and adherence to recommended watering practices. 12. WARRANTY ENFORCEMENT Customer must notify RLG promptly upon discovery of any issue. RLG will inspect the conditions within a reasonable timeframe and determine warranty applicability. 13. PROPOSAL ACCEPTANCE AND PAYMENT TERMS Acceptance of a proposal authorizes Russell Landscape Group ("RLG") to perform the work as described in the approved scope. Payment Terms Full payment is due upon billing unless otherwise stated in writing. Failure to remit payment within thirty (30) days WILL result in suspension of warranty coverage until the account is brought current. Pricing is valid for thirty (30) days from the proposal date unless otherwise noted. Projects extending beyond thirty (30) business days or spanning multiple months may be progress billed. RLG reserves the right to suspend work for non-payment without penalty. Deposits Contracts exceeding $25,000, and/or contracts requiring special-order materials, custom products, long-lead items, or advance payment to subcontractors WILL require a deposit prior to scheduling. The standard deposit is one-third (1/3) of the contract amount unless otherwise stated. In situations where RLG is required to purchase materials, equipment, or specialty products in advance, or to remit deposits or payments to subcontractors prior to installation, the required deposit may exceed one-third (1/3) of the contract amount and shall be clearly outlined in the approved proposal. Examples include, but are not limited to, custom site furnishings, fountains, flagpoles, synthetic turf systems, specialty hardscape materials, lighting components, or other items requiring advance purchase or extended lead times. Credit Card Payments Payments made by credit card are subject to a credit card processing fee of up to three percent (3%) of the transaction amount. Additional transaction-based fees may be assessed by third-party payment processors and will be disclosed at the time of payment. When a Customer elects to pay by credit card and completes a Credit Card Authorization Form, the Customer authorizes RLG to charge the card in accordance with the approved proposal, invoice, and terms agreed to on the authorization form. Use of a credit card does not obligate RLG to offer extended payment terms unless expressly stated in writing. Payment Instructions by Market Payments should be made to the legal entity identified on the proposal or invoice based on the project's market location, as outlined below. Market / Branch Location Legal Entity to Pay Remittance Address Construction Russell Landscape, LLC.PO Box 96746 Charlotte, NC 28296-6746 Russell Landscape Group accepts payment by check, ACH, or credit card. Payment options and instructions are provided on each invoice or may be obtained by contacting billings@russelllandscape.com. To help ensure timely processing, Customers should submit payment to the entity listed on their invoice. Termination for Convenience Page 153 of 258 Either party may terminate this Agreement for convenience upon thirty (30) days' written notice. In the event of termination, the Customer shall be responsible for payment for all work performed, materials ordered or delivered, and costs incurred by RL G up to the effective termination date. 14. DISPUTE RESOLUTION AND LIEN RIGHTS Any dispute arising under the Agreement shall first be addressed through good-faith negotiation. If unresolved, disputes shall proceed to mediation, and if still unresolved, to binding arbitration. RLG reserves all rights, including lien rights under applicable state law, to secure payment for completed work. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the services are performed. Prevailing Party Fees: In the event of any dispute arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, arbitration costs, and related expenses. AUTHORIZATION Customer acceptance of the proposal constitutes agreement to these Terms and Conditions in their entirety. CLIENT SIGNATURE: PRINTED NAME: DATE:9/28/26 PROJECT COST:$65,848.00 GOOD FOR 30 DAYS FROM DAY SENT PROPOSAL #:30-72-XX REQUISITION/WORK ORDER/CRN/PO#: ESTIMATE PREPARED BY :Susanna Hicks TITLE :Employee ACCOUNT MANAGER NAME :Glenn Parker (Construction) ACCOUNT MANAGER PHONE :850-480-9481 ACCOUNT MANAGER EMAIL :glennp@russelllandscape.com NOTES/COMMENTS: Page 154 of 258 Page 155 of 258 Page 156 of 258 Landscape Proposal #127756 Sales:Brandon Tukua Email:brandon@sextonlandscapes.co m Phone:251-699-1512 Property Address:Customer: K-1 Hatch 100 South Church Street Fairhope, AL 36532 Date:Sep 28, 2026 Expiration Date:Nov 30, 2026 This estimate is valid for 30 days from the above listed date. We are pleased to submit the following proposal for Professional Construction Services in connection with the above referenced project. K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) 1 Plant Bed Install $35,717.23 5.00 2" CAL Sweet Olive 20.00 3 Gal Variegated Shell Ginger 46.00 1 gal Myers Asparagus Fern 10.00 7 gal ShiShi Gashira Camellia 29.00 3 Gal Soft Caress Mahonia 25.00 5 gal Fatsia - Japanese Spider's Web 76.00 1 gal Annual Phlox 94.00 1 gal Purple Trailing Lantana 9.00 3 Gal Nikko Blue Hydrangea 1.00 2" CAL Jane Magnolia 48.00 5 gal Pink Muhly Grass 3.00 3 Gal Autumn Angel Azalea 3.00 3 Gal Autumn Lily Azalea 2.00 10 Gal Cleyera Bronze Beauty 25.00 3 Gal Coral Drift Rose 1.00 3 Gal Plumbago 9.00 7 gal Maki Yew Podocarpus 7.00 30 gal Colorama Scarlet Crape Myrtle www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 1 of 5 Page 157 of 258 127.00 PC Border Concepts Border Flex Steel Landscape Edging Black 13 Gauge 4 in. x 10 ft. 200.00 Bag Mulch - Premium Dark Brown 6.00 Cubic Yard IP Soil Amendments 6.00 Cubic Yard Soil 1.00 ea Corteva Crew Pre-Emergent Herbicide 50 lb. Bag (QGCY) 13.00 ea Tree Frog Pro40 Tree Stake Kit Nylon Anchor 1 in. x 12 ft. Black 2 Irrigation Install $27,000.00 12.00 Zone Irrigation Spray Zones - Rain Bird 3 Sod Installation $31,833.26 1.00 flat Centipede Sod ~25,200 SF 4 Mobilization $2,224.00 www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 2 of 5 Page 158 of 258 DISCLAIMER: Sexton Lawn & Landscape, Inc. (SLL) proposes to pick up, deliver, lay out, and install all materials listed for this project per the design or sketch provided. If the drawing is an original creation, intellectual property, and is copyrighted by Sexton Lawn & Landscape. Reproduction OR implementation of the drawing by the customer or any third party by any means is prohibited by copyright law. All plants and materials listed will be installed per the design provided. Any additional work needed will be executed only with a signed change order, and will be billed separately. All work is to be completed in a professional manner according to industry standards. Any alteration or deviation from specifications involving extra costs will be executed only upon change order and will become an extra charge over and above the said price. The proposed price does not include any unforeseen circumstances such as unnatural materials buried underground or acts of God. In the event of such unforeseen circumstances impede our services, a service charge will be accessed above and beyond what has been proposed. CHANGE ORDERS & ADJUSTMENTS: The initial estimate provided for this project is based on the agreed-upon scope of work at the time of the proposal. During installation, unforeseen conditions, client requests, or necessary modifications may require changes to the original scope. Any adjustments, whether increasing or decreasing the project cost, will be documented through a formal Change Order, which must be reviewed and approved before proceeding with the revised work. The final invoice will reflect these changes accordingly. UTILITIES: Public Underground Utilities - This is SLL's responsibility. SLL is responsible for calling Alabama One Call (AL1Call) prior to the start of the job to identify any public utilities. Private Underground Utilities - This is YOUR responsibility. Only you can tell us if there are any private underground lines or structures that may interfere with our work. You must identify and locate these prior to work. If we hit something that you have not told us about, and located for us, we cannot be held responsible for the repair of the damaged items. SLL is NOT responsible for broken/damaged TV cable lines, telephone/computer lines, underground dog runs or any other underground wiring/plumbing this is not correctly marked by AL1Call or the homeowner. Costs for repairs to these features and/or systems will be the responsibility of the property owner. Initial: ___________ SITE ACCESS: We would like to use use driveway for access during the job. We will be as careful as possible of the driveway during construction. In rare cases cracks may develop. We cannot be responsible for repairs. All damage can be avoided by keeping all equipment off the drive which would necessitate extra material handling charges being added to contract. MAY WE USE YOUR DRIVEWAY FOR ACCESS? YES NO MAY WE USE YOUR LAWN FOR ACCESS? YES NO PHOTO RELEASE: I hereby release the photographer from all claims, demands and liabilities in connection with the photographs of my property for marketing purposes. Addresses of properties will be kept private and images will be used anonymously unless permission is expressly written to identify the property owner. I understand that the images may be modified in any manner, and I hereby waive any right to inspect or approve any final product that uses my photographs. WARRANTY: All plant materials (except citrus) installed by Sexton Lawn and Landscape, Inc. bare a one-year, one-time replacement warranty. This warranty is valid only if the site owner provides proper maintenance and the existence of a functioning automatic irrigation system. Proper watering and observation of general plant health are responsibilities of the owner but SLL will be happy to submit a proposal to www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 3 of 5 Page 159 of 258 maintain your landscape investment. SLL offers no guarantee/warranty on citrus plants. SLL will replace any dead plant material (except citrus) within the warranty period after all remedies have been applied. There is no warranty on any transplanted material. There is no warranty for sod unless expressly written in this contract. Contractor may substitute plants because because of availability or better selection for the area. All irrigation systems carry a one year repair warranty. This warranty does not include breaks caused by acts of God or someone other than a SSL employee. If SLL is called to make a repair and it is found that the cause is not faulty work by SLL, the owner will be charged our current service rate plus the cost of parts. These express warranties are in lieu of any implied warranties and SLL disclaims all other implied warranties including the implied warranties of merchant ability and fitness for a particular purpose. The replacement warranty above is the sole and exclusive remedy for any breach of express warranty and in no event shall we be liable for any incidental or consequential damages. All agreements are contingent upon catastrophes, accidents, act of God, or delays that are beyond our control. If any plants are rejected or returned by Owner after the plant (excluding lack of vigor) has been delivered to property the Owner may be charged a restocking fee of 75% of plant cost and any applicable delivery charges. INSURANCE: Our workers are fully covered by workman's compensation insurance. SLL has Comprehensive General Liability Insurance. The insurance policies will not be cancelled or modified in any way that would reduce or limit coverage during the term of this contract. Certificates of insurance will be furnished, if requested, prior to the commencement of services. TERMS: Upon acceptance of the proposal, we require a 50% down payment to proceed with your project. Once we receive the signed agreement and down payment, we shall confirm your spot on our schedule and order your supplies. A second payment equal to 50% of the original proposal amount will be due and payable at the final walkthrough. The Project Manager will provide the customer a listing of work or materials still owed, however this will not preclude payment of the final 50%. Once the final bill is prepared, we will apply all payments received and forward an invoice for any remaining balance due. This invoice shall be due and payable upon receipt. In the event the account bears a credit balance, a refund check will be issued to the customer within 10 days. In the case of larger projects lasting over multiple months, progress will be billed each month based on percent of job completion. The payment for these invoices is due upon receipt. There will be a 2% finance charge applied per month for delinquent accounts. In the event this account is turned over to a collection agency, the customer shall pay for any and all attorney fees, court costs, and interest. ALL CREDIT/DEBIT CARD PAYMENTS WILL BE CHARGED AN ADDITIONAL 3.5% CONVENIENCE FEE. THERE WILL BE A $30.00 FEE FOR ALL RETURNED CHECKS. www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 4 of 5 Page 160 of 258 Work Area Work Area Summary Total Including Tax Initial to Accept 1 Plant Bed Install $35,717.23 2 Irrigation Install $27,000.00 3 Sod Installation $31,833.26 4 Mobilization $2,224.00 Contract Total:$96,774.49 Contractor:Client: Brandon Tukua Date:Date:9/25/26 Email:brandon@sextonlandscapes.co m www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 5 of 5 Page 161 of 258 Landscape Proposal #127756 Sales:Brandon Tukua Email:brandon@sextonlandscapes.co m Phone:251-699-1512 Property Address:Customer: K-1 Hatch 100 South Church Street Fairhope, AL 36532 Date:Sep 28, 2026 Expiration Date:Nov 30, 2026 This estimate is valid for 30 days from the above listed date. We are pleased to submit the following proposal for Professional Construction Services in connection with the above referenced project. K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) 1 Plant Bed Install $28,742.77 5.00 2" CAL Sweet Olive 20.00 3 Gal Variegated Shell Ginger 46.00 1 gal Myers Asparagus Fern 10.00 7 gal ShiShi Gashira Camellia 23.00 3 Gal Soft Caress Mahonia 25.00 5 gal Fatsia - Japanese Spider's Web 76.00 1 gal Annual Phlox 45.00 1 gal Purple Trailing Lantana 9.00 3 Gal Nikko Blue Hydrangea 1.00 2" CAL Jane Magnolia 28.00 5 gal Pink Muhly Grass 3.00 3 Gal Autumn Angel Azalea 3.00 3 Gal Autumn Lily Azalea 2.00 10 Gal Cleyera Bronze Beauty 13.00 3 Gal Coral Drift Rose 1.00 3 Gal Plumbago 7.00 7 gal Maki Yew Podocarpus 4.00 30 gal Colorama Scarlet Crape Myrtle www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 1 of 5 Page 162 of 258 104.00 PC Border Concepts Border Flex Steel Landscape Edging Black 13 Gauge 4 in. x 10 ft. 165.00 Bag Mulch - Premium Dark Brown 6.00 Cubic Yard IP Soil Amendments 6.00 Cubic Yard Soil 1.00 ea Corteva Crew Pre-Emergent Herbicide 50 lb. Bag (QGCY) 10.00 ea Tree Frog Pro40 Tree Stake Kit Nylon Anchor 1 in. x 12 ft. Black 2 Irrigation Install $24,000.00 10.00 Zone Irrigation Spray Zones - Rain Bird 3 Sod Installation $31,833.26 1.00 flat Centipede Sod ~25,200 SF 4 Mobilization $2,224.00 www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 2 of 5 Page 163 of 258 DISCLAIMER: Sexton Lawn & Landscape, Inc. (SLL) proposes to pick up, deliver, lay out, and install all materials listed for this project per the design or sketch provided. If the drawing is an original creation, intellectual property, and is copyrighted by Sexton Lawn & Landscape. Reproduction OR implementation of the drawing by the customer or any third party by any means is prohibited by copyright law. All plants and materials listed will be installed per the design provided. Any additional work needed will be executed only with a signed change order, and will be billed separately. All work is to be completed in a professional manner according to industry standards. Any alteration or deviation from specifications involving extra costs will be executed only upon change order and will become an extra charge over and above the said price. The proposed price does not include any unforeseen circumstances such as unnatural materials buried underground or acts of God. In the event of such unforeseen circumstances impede our services, a service charge will be accessed above and beyond what has been proposed. CHANGE ORDERS & ADJUSTMENTS: The initial estimate provided for this project is based on the agreed-upon scope of work at the time of the proposal. During installation, unforeseen conditions, client requests, or necessary modifications may require changes to the original scope. Any adjustments, whether increasing or decreasing the project cost, will be documented through a formal Change Order, which must be reviewed and approved before proceeding with the revised work. The final invoice will reflect these changes accordingly. UTILITIES: Public Underground Utilities - This is SLL's responsibility. SLL is responsible for calling Alabama One Call (AL1Call) prior to the start of the job to identify any public utilities. Private Underground Utilities - This is YOUR responsibility. Only you can tell us if there are any private underground lines or structures that may interfere with our work. You must identify and locate these prior to work. If we hit something that you have not told us about, and located for us, we cannot be held responsible for the repair of the damaged items. SLL is NOT responsible for broken/damaged TV cable lines, telephone/computer lines, underground dog runs or any other underground wiring/plumbing this is not correctly marked by AL1Call or the homeowner. Costs for repairs to these features and/or systems will be the responsibility of the property owner. Initial: ___________ SITE ACCESS: We would like to use use driveway for access during the job. We will be as careful as possible of the driveway during construction. In rare cases cracks may develop. We cannot be responsible for repairs. All damage can be avoided by keeping all equipment off the drive which would necessitate extra material handling charges being added to contract. MAY WE USE YOUR DRIVEWAY FOR ACCESS? YES NO MAY WE USE YOUR LAWN FOR ACCESS? YES NO PHOTO RELEASE: I hereby release the photographer from all claims, demands and liabilities in connection with the photographs of my property for marketing purposes. Addresses of properties will be kept private and images will be used anonymously unless permission is expressly written to identify the property owner. I understand that the images may be modified in any manner, and I hereby waive any right to inspect or approve any final product that uses my photographs. WARRANTY: All plant materials (except citrus) installed by Sexton Lawn and Landscape, Inc. bare a one-year, one-time replacement warranty. This warranty is valid only if the site owner provides proper maintenance and the existence of a functioning automatic irrigation system. Proper watering and observation of general plant health are responsibilities of the owner but SLL will be happy to submit a proposal to www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 3 of 5 Page 164 of 258 maintain your landscape investment. SLL offers no guarantee/warranty on citrus plants. SLL will replace any dead plant material (except citrus) within the warranty period after all remedies have been applied. There is no warranty on any transplanted material. There is no warranty for sod unless expressly written in this contract. Contractor may substitute plants because because of availability or better selection for the area. All irrigation systems carry a one year repair warranty. This warranty does not include breaks caused by acts of God or someone other than a SSL employee. If SLL is called to make a repair and it is found that the cause is not faulty work by SLL, the owner will be charged our current service rate plus the cost of parts. These express warranties are in lieu of any implied warranties and SLL disclaims all other implied warranties including the implied warranties of merchant ability and fitness for a particular purpose. The replacement warranty above is the sole and exclusive remedy for any breach of express warranty and in no event shall we be liable for any incidental or consequential damages. All agreements are contingent upon catastrophes, accidents, act of God, or delays that are beyond our control. If any plants are rejected or returned by Owner after the plant (excluding lack of vigor) has been delivered to property the Owner may be charged a restocking fee of 75% of plant cost and any applicable delivery charges. INSURANCE: Our workers are fully covered by workman's compensation insurance. SLL has Comprehensive General Liability Insurance. The insurance policies will not be cancelled or modified in any way that would reduce or limit coverage during the term of this contract. Certificates of insurance will be furnished, if requested, prior to the commencement of services. TERMS: Upon acceptance of the proposal, we require a 50% down payment to proceed with your project. Once we receive the signed agreement and down payment, we shall confirm your spot on our schedule and order your supplies. A second payment equal to 50% of the original proposal amount will be due and payable at the final walkthrough. The Project Manager will provide the customer a listing of work or materials still owed, however this will not preclude payment of the final 50%. Once the final bill is prepared, we will apply all payments received and forward an invoice for any remaining balance due. This invoice shall be due and payable upon receipt. In the event the account bears a credit balance, a refund check will be issued to the customer within 10 days. In the case of larger projects lasting over multiple months, progress will be billed each month based on percent of job completion. The payment for these invoices is due upon receipt. There will be a 2% finance charge applied per month for delinquent accounts. In the event this account is turned over to a collection agency, the customer shall pay for any and all attorney fees, court costs, and interest. ALL CREDIT/DEBIT CARD PAYMENTS WILL BE CHARGED AN ADDITIONAL 3.5% CONVENIENCE FEE. THERE WILL BE A $30.00 FEE FOR ALL RETURNED CHECKS. www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 4 of 5 Page 165 of 258 Work Area Work Area Summary Total Including Tax Initial to Accept 1 Plant Bed Install $28,742.77 2 Irrigation Install $24,000.00 3 Sod Installation $31,833.26 4 Mobilization $2,224.00 Contract Total:$86,800.03 Contractor:Client: Brandon Tukua Date:Date:9/25/26 Email:brandon@sextonlandscapes.co m www.sextonlandscapes.com 10758 County Rd 64 Daphne, AL 36526 Sexton Lawn & Landscape p.251-626-3309 assistant@sextonlandscapes.com K-1 Hatch - Plant Beds & Irrigation (Excludes Phase 2) - Opp# 127756 Page 5 of 5 Page 166 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1280 FROM: Daryl Morefield, Water Superintendent SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the procurement of Sensus Water Meters from Core and Main LP as sole source distributor. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve the procurement of Sensus Water Meters from Core and Main LP as sole source distributor for an annual cost not-to-exceed $600,000.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the procurement of Sensus Water Meters from Core and Main LP as sole source distributor. The procurement would include the following: iPERL®+ 3/4S 1G 7.5LL 7WHL METAL 6' TRPL 2W CABLE SM; Cost: $193.80 each iPERL®+ 1 1G 10.75LL 7WHL METAL 6' TRPL 2W CABLE SM; Cost: $289.10 each OMNI+ C2 2 1G 15.25LL 8WHL 20' TRPL 3W CABLE REG ID MATCHES MTR BODY ID SM; Cost: $1,715.00 each CORDONEL 2 1G 17LL 8WHL 6' TRPL 3W & 25' PULSE CABLES PRESSURE SENSOR SM; Cost: $1,971.25 each Approval for a total annual cost not-to-exceed Six Hundred Thousand Dollars ($600,000.00). Core and Main LP is the sole authorized distributor for Sensus products in the state of Alabama. The equipment and software are exempt from formal bidding per Code of Alabama 1975, Section 41-16-57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." Page 167 of 258 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500-10 Water - Distribution System Improvements $600,000.00 $600,000.00 $0.00 Project No.: TBD 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: Requisition to be coded to Inventory. Meters will be expensed as used. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 168 of 258 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope has voted to approve the procurement of Sensus Water Meters from Core and Main LP as sole source distributor; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The annual cost will not-to-exceed $600,000.00. DULY ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 169 of 258 CITY OF FAIRHOPE 555 S. SECTION ST FAIRHOPE, AL 36533 Contact: Daryl Morefield (T) 251-383-8921 daryl.morefield@fairhopeal.gov Job Meter Quote (FAIRHOPE) Fairhope, AL Bid Date: 09/30/2026 Bid #: 5244446 Sales Representative Ryan Dennis (T) 251-443-1725 Ryan.Dennis@coreandmain.com Core & Main 4210 Halls Mill Road Mobile, AL 36693 (T) 2514431725 09/30/2026 - 11:21 AM Actual taxes may vary Page 1 of 2 Bid Proposal for Meter Quote (FAIRHOPE) CU S TOM E R CON T ACT NO TE S Page 170 of 258 Seq#Qty Description Units Price Ext Price 10 1 IPERL+ 3/4S 1G 7.5LL 7WHL METAL 6' TRPL 2W CABLE SM EA 193.80 193.80 IXBS1GBXXXXXXXD 20 1 IPERL+ 1 1G 10.75LL 7WHL METAL 6' TRPL 2W CABLE SM EA 289.10 289.10 IXDS1GBXXXXXXXD 30 1 OMNI+ C2 2 1G 15.25LL 8WHL 20' TRPL 3W CABLE EA 1,715.00 1,715.00 REG ID MATCHES MTR BODY ID SM C2X3XX2GXA0XXSD 40 1 CORDONEL 2 1G 17LL 8WHL 6' TRPL 3W & 25' PULSE CABLES EA 1,971.25 1,971.25 PRESSURE SENSOR SM G2X1XXPAG1AXXSD Sub Total 4,169.15 Tax 0.00 Total 4,169.15 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: https://coreandmain.com/terms-of-sale/ THIS BID MAY INCLUDE GLOBALLY SOURCED (IMPORTED) MATERIALS THAT ARE SUBJECT TO CHANGING TARIFFS. PRICES ARESUBJECT TO CHANGE DUE TO POTENTIAL ADDITIONAL TARIFFS IMPOSED BY THE U.S. GOVERNMENT. IF IMPOSED, PRICES WILLINCREASE BY THE SAME PERCENTAGE AND WILL BE EFFECTIVE ON THE DATE THAT THE NEW TARIFFS ARE IMPLEMENTED. THESEITEMS SHOULD BE PURCHASED WITH HASTE TO AVOID ANY ADDITIONAL RISING TARIFF COSTS. 09/30/2026 - 11:21 AM Actual taxes may vary Page 2 of 2 CITY OF FAIRHOPE Job Location: Fairhope, AL Bid Date: 09/30/2026 Core & Main Bid #: 5244446 Core & Main 4210 Halls Mill Road Mobile, AL 36693 Phone: 2514431725 Fax: 2516617768 Bid Proposal for Meter Quote (FAIRHOPE) Page 171 of 258 September 23, 2026 SUBJECT: DISTRIBUTOR SOLE SOURCE To Whom it May Concern: Sensus, a Xylem brand recognizes Core & Main LP as the Authorized Distributor of Sensus products in the state of Alabama. This includes the Sensus FlexNet E asylink mobile reading device and Sensus FlexRead software to allow customers to simultaneously read both Sensus Smartpoint radios and Neptune R900 radio modules. Purchasing Sensus products from an authorized distributor in your area ensures that your products will be properly supported and warranted. Please contact Core & Main LP for all of your Sensus needs. We look forward to providing your business with quality water products and service. Please feel free to contact me if you have any questions. Sincerely Rob McClendon Rob McClendon Accounts Development Manager, AL/MS Sensus, a Xylem Brand 205.317.7040 Page 172 of 258 Rob McClendon Account Development Manager Birmingham, AL 35210 USA Rob.mcclendon@xyleminc.com sensus.com Page 173 of 258 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Daryl Morefield Date: 9/30/2026 Department: Water 004010 Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total am ount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost incre ases. QUOTES Vendor Name Vendor Quote 1. Core & Main $ 600,000.00 2. $ 3. $ 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? Water Meters 2. What is the total cost of the item or service? $600,000.00 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Core & Main 6. Vendor Number: 4181 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. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $600,000.00 3. Budget code: 004010-59500-10 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 174 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1275 FROM: Daryl Morefield, Water Superintendent SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of CARUS 8700 Corrosion Inhibitor for water treatment. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve this procurement of CARUS 8700 Corrosion Inhibitor from Alberty & Blakeney LLC as a sole source distributor for the estimated annual cost of $400,000.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of CARUS 8700 Corrosion Inhibitor for water treatment. Alberty and Blakeney LLC is the sole source distributor of CARUS 8700 water treatment chemical for Fairhope. Attached is the quoted pricing from Alberty & Blakeney LLC reflecting the price per pound of $1.9421 until December 31, 2026. The price per pound is anticipated to increase by 8% - 10% for 2027. This procurement is a sole source based on the option by the Code of Alabama 1975, Section 41-16-51(13): "Contractual services and purchases of commodities for which there is only one vendor or supplier and contractual services and purchases of personal property which by their very nature are impossible to award by competitive bidding." The estimated annual spend for FY 2027 is Four Hundred Thousand Dollars ($400,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 53011-10 Water - Treatment Supplies $400,000.00 $400,000.00 $0.00 GRANT: Page 175 of 258 N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 176 of 258 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the procurement of CARUS8700 Corrosion Inhibitor Water Treatment Chemical as the Sole Source Procurement from distributor Alberty & Blakeney LLC, for an estimated annual amount of $400,000.00 based on the option by the Code of Alabama 1975, Section 41-16-51(13). DULY ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 177 of 258 August 17, 2026 CONFIDENTIAL Mr. Bryan Adams P.O. Box 429 Fairhope, AL 36533 Dear Bryan: Since you are working on the 2027 budget, we are pleased to provide you with a budgetary price for the CARUS 8700 (blended orthophosphate & polyphosphate) chemical for the City of Fairhope – Water Department. Currently, our “Delivered Price” for the CARUS 8700 to The City of Fairhope is $1.9421/Pound or $5,600/Tote. We will honor this price until December 31, 2026. As mentioned above, this is a Delivered Price so it includes all freight & fuel surcharges. Unfortunately, the cost of freight continues to increase due to higher wages for drivers and higher insurance rates for freight companies. Additionally, our chemical price includes the cost of the corrosion coupons & respective analysis. The cost of the corrosion coupons increased by 10% during 2026. We’ve absorbed both of these increases during 2026. As you are aware, there have been numerous price increases on water treatment chemicals in 2026 due to many global factors. We’ve experienced price increases, energy surcharges and tariffs throughout 2026. CARUS had two price increases in 2026 and they cumulatively equated to $0.17/pound. We absorbed these increases for several months, but had to adjust our price to Fairhope in August 2026. *At this point, we do not have updated pricing from CARUS Chemical for January 1, 2027. Typically, CARUS will provide updated pricing to all customers by December 15th. There’s been price pressure related to both tariffs and supply/demand as well as raw material cost drivers (P4, Rock/Sulfuric/Energy, etc.) CARUS has received several producer price increase announcements affecting phosphoric acid and sodium salts. The total impact of the increases is 30% - 45%. For 2027, we anticipate an increase range of 8% – 10% for budgetary purposes. This increase is based on additional instability related to strong demand and tariffs. If the forecast holds true, beginning January 1, 2027, we anticipate a small adjustment to our CARUS 8700 chemical price to Fairhope; however, at this point we can’t provide an exact price due to the unknowns mentioned above. We will only increase pricing if CARUS has a price increase. Once CARUS announces the 2027 pricing then we will immediately notify you in writing of 2027 pricing for the CARUS 8700. We will hold this new 2027 pricing until December 31, 2027, unless there is a significant change in the market conditions and CARUS implements a price increase. If there is a need for a price adjustment prior to December 31, 2027, then we will provide 30-days’ written notice and a pricing adjustment letter from CARUS for justification purposes. Product 2026 Delivered Price *2027 Delivered Price Page 178 of 258 August 17, 2026 Water Department – City of Fairhope Page 2 Attached please find the letter from CARUS stating that Alberty & Blakeney, LLC is the only Authorized Distributor of the CARUS 8700 product to the City of Fairhope. The CARUS 8700 is a specialty chemical composed of 85% orthophosphate & 15% polyphosphate with a total phosphate content of 33%. The purpose of this product is to provide corrosion inhibition and sequester iron & manganese throughout the distribution system. Alberty & Blakeney, LLC will continue to provide corrosion coupons & analytical reports for FAIRHOPE at no additional cost. The costs for these corrosion coupons and laboratory testing are approximately $7,000/year. Keep in mind, this was an expense for FAIRHOPE prior to Alberty & Blakeney, LLC providing the CARUS specialty water treatment chemicals. Additionally, the CARUS Technical Team along with Alberty & Blakeney, LLC were very helpful in the evaluation of the FAIRHOPE water chemistry and recommendations to convert from a zinc-orthophosphate product to an ortho/polyphosphate product. The CARUS 8700 product is providing superior results, and this is critical with the upcoming changes to the US EPA Lead & Copper Rule. Alberty & Blakeney, LLC is an industrial specialty chemical company located in Baton Rouge, LA. Our primary concern is the management of water treatment chemicals and services for boiler, cooling, process, potable, and wastewater systems. We have over 75 years of experience in the water treatment industry. This experience, along with low overhead, has provided our customers with significant improvements in results and cost savings. Collectively, we save our customers over $2,000,000 per year when compared to previous water treatment programs from the national companies. Our customers are located in south Louisiana, Mississippi, Alabama and Texas. A brief summary of our water treatment applications is provided below. We provide water treatment chemicals & engineering support for Potable Water Systems totaling over 130,000,000 gallons/day. Obviously, this covers many cities and communities. For instance, we have been providing water treatment chemicals & services to the city of Baton Rouge for the past 25 years. The Baton Rouge Water Company produces on average 60,000,000 GPD of potable water. The BRWC ground water (wells) is similar to your water chemistry in that it requires corrosion inhibition and sequestering. We treat numerous potable water systems that require corrosion control as well as sequestering of iron and manganese. Alberty & Blakeney, LLC will meet or exceed all of The City of Fairhope’s specifications & requirements. The CARUS 8700 is manufactured in the U.S.A and meets the required NSF/ANSI Standard 60 Certification for Drinking Water Treatment Chemicals. All material will conform to all AWWA Specifications and meet American National Standards Institute and National Sanitation Foundation ANSI/NSF. We are an authorized distributor for CARUS Corporation; therefore, we have full access to their technical support & laboratory services. We can provide quarterly water sampling and analysis at no additional charge. CARUS Corporation is the leading U.S. supplier of phosphate-based corrosion inhibitors & sequestering agent’s programs for drinking water utilities. In summary, we will continue to work closely with your Water Department Team to meet their goals for providing the best potable water to their customers. We appreciate your business and will continue to work diligently to exceed your expectations. Page 179 of 258 August 17, 2026 Water Department – City of Fairhope Page 3 We appreciate your business and the opportunity to serve you & the CITY OF FAIRHOPE! Sincerely, ALBERTY & BLAKENEY, LLC Fred L. Blakeney, Jr. President cc: Mr. Joe Webber Mr. Daryl Morefield Mr. Clint Steadham Page 180 of 258 August 17, 2026 DISTRIBUTOR AUTHORIZATION CERTIFICATION Carus LLC certifies that Alberty and Blakeney LLC is the sole authorized distributor of CARUS™ 8700 water treatment chemical to the City of Fairhope. CARUS 8700 is certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60: Drinking Water Treatment Chemical-Health Effects. Barbie Smith/Inside Sales Manager Carus LLC 315 Fifth Street Peru, IL 61354 815/223-1500 Telephone 815/224-6655 Fax Page 181 of 258 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Bryan Adams Date: 8/16/2026 Department: Water 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 am ount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost incre ases. QUOTES Vendor Name Vendor Quote 1. Alberty and Blakeny $ 400,000.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☒ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Carus 8700 2. What is the total cost of the item or service? $ 400,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): 6. Vendor Number: 6164 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? $ 400,000.00 3. Budget code: 004010-53011-10 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 182 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1276 FROM: Daryl Morefield, Water Superintendent SUBJECT: The Superintendent of Water/Wastewater Department, Daryl Morefield, is requesting approval for the procurement of Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and Azone 15 (Liquid Bleach) for Water Treatment. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve the procurement of Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and Azone 15 (Liquid Bleach) from Hawkins, Inc. for Water Treatment for the estimated annual cost of $100,000.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater Department, Daryl Morefield, is requesting approval for the procurement of Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and Azone 15 (Liquid Bleach) for Water Treatment. The chemicals are exempt from formal bidding per Code of Alabama 1975, Section 41- 16-51(b)(7) which states: “The purchase of equipment, supplies, or materials needed, used and consumed in the normal and routine operation of any waterworks system, sanitary sewer system, gas system, or electric system, or any two or more thereof, that are owned by municipalities, counties, or public corporations, boards, or authorities that are agencies, departments, or instrumentalities of municipalities or counties and no part of the operating expenses of which system or systems have during the then current fiscal year, been paid from revenues derived from taxes or from appropriations of the state, a county, or a municipality.” The costs for each is quoted at: • 1 Bag Standard Hydrated Lime: $20.00 per bag • 1 Chlorine 150# Cylinder: $260.00 per cylinder • Hydrofluosilicic Acid (Fluoride) (Mini Bulk): $6.00 per gallon • AZONE 15 (Bleach) (Mini Bulk): $2.85 per gallon • Fuel/Freight Charge (per delivery): $50.00 Page 183 of 258 The Superintendent of Water/Wastewater Department is requesting approval for the annual purchase from Hawkins, Inc. for an estimated annual total of One Hundred Thousand Dollars ($100,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 53011-10 Water - Treatment Supplies $100,000.00 $100,000.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 184 of 258 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the procurement of Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and Azone 15 (Liquid Bleach) from Hawkins, Inc. for the Water Department and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(b)(7). The estimated annual cost for these chemicals is $100,000.00. DULY ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 185 of 258 1 1 HAWKINS, INC. HAWKINS WATER TREATMENT GROUP September 14, 2026 To: City of Fairhope – Water Treatment Chemicals ATTN: Bryan Adams Ref. No.: Water Treatment Chemicals Quotation Expires: 90 days. Shipment: Hawkins, Inc. would like to offer the following chemical quotation. We are a full-service manufacturer and distributor of all Water Treatment Chemicals and Equipment. We take pride in building a long-term partnership through excellent service. Chemicals: • PN 56534 – 1-bag Standard Hydrated Lime - $20.00 per bag • • PN 59500 – 1-Chlorine 150# Cylinder $260.00 per cylinder • PN 43977 – Hydrofluosilicic Acid (Fluoride) (Mini Bulk) $6.00 per gallon • PN 41245 AZONE 15 (BLEACH) (Mini Bulk) $2.85 per gallon ** Fuel/Freight Charge** $50.00 * All pricing will hold firm for 90 days. After the 90 days we will assess pricing and if needed we will contact you in writing with the appropriate increase or decrease. Thank you so much for the opportunity Derek Gillis Business Development Manager Hawkins Inc 251-402-6275 Cell derek.gillis@hawkinsinc.com We understand that in the Municipal Industry, flows are seasonal, and emergencies do occur that are unpreventable. We can ensure that we will handle any emergency as they occur. We are available 24/7 via 1-800-330-1369. TERMS: Net 30 days from delivery. Our pricing does not include any installation or sales/excise taxes that may apply. QUOTATION/PROPOSAL This quotation constitutes an offer to furnish the items listed subject to; terms and conditions stated hereon; receipt of your purchase order by Hawkins Water Treatment Group, Inc.; and written acceptance of your order by Hawkins Water Treatment Group, Inc. and/or the manufacturer(s) involved as follows. Page 186 of 258 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Bryan Adams Date: 9/01/2026 Department: Water Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total am ount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost incre ases. QUOTES Vendor Name Vendor Quote 1. Hawkins $ 100,000.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Hydrated lime, Fluoride, Chlorine Gas, Bleach 2. What is the total cost of the item or service? $ 100,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): 6. Vendor Number: 7260 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? $ 100,000.00 3. Budget code: 004010-53011-10 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 187 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1274 FROM: Daryl Morefield, Water Superintendent SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of CAL-FLO Lime Slurry for water treatment. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve this procurement of CAL-FLO Lime Slurry from Burnett Lime Company, Inc. for water treatment as a sole source distributor for an estimated annual cost of $50,000.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of CAL-FLO Lime Slurry for water treatment. Burnett Lime Company is the sole source distributor of CAL-FLO lime slurry water treatment chemical for Fairhope. Attached is the quoted pricing from Burnett Lime Company, Inc. reflecting the $0.117 per liquid pound. This procurement is a sole source based on the option by the Code of Alabama 1975, Section 41-16-51(13): "Contractual services and purchases of commodities for which there is only one vendor or supplier and contractual services and purchases of personal property which, by their very nature, are impossible to award by competitive bidding." The estimated annual spend for FY 2027 is Fifty Thousand Dollars ($50,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 53011-10 Water - Treatment Supplies $50,000.00 $50,000.00 $0.00 GRANT: N/A Page 188 of 258 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 189 of 258 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the procurement of CAL-FLO Lime Slurry for water treatment as the Sole Source Procurement from Burnett Lime Company, Inc., and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The estimated annual cost will be $50,000.00. DULY ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 190 of 258 BURNETT IME OMPANY 7095 HIGHWAY 11 • CAMPOBELLO, SC 29322 • 864-592-1658 • WWW.BURNETT-INC.COM August 19, 2026 Bryan Adams City of Fairhope, AL RE: Bryan, Burnett Lime Company appreciates your long-standing business and we hope you and your staff are doing well. Effective January 1, 2027, the price per liquid pound for a 30% suspension of calcium hydroxide, will be adjusted per the table below. Industry/Location Current Price Per Liquid Pound Effective 1/01/2027 – 9/30/2027 Fairhope, AL All functional guarantees are held in place as in previous years. We appreciate your business and Burnett Lime personnel are always available to provide technical support. Please know the decision to implement this surcharge is not one that is taken lightly as we understand the impacts that it has on your organization. We hope for improved market stability as we move forward. Thank you, Mikaela Hall MLC on behalf of Burnett Lime Company 7095 Highway 11 Campobello, SC 29322 Web: www.burnett-inc.com Page 191 of 258 BURNETT LIME COMPANY, INC. 7095 HIGHWAY 11 • CAMPOBELLO, SC 29322 • 864-592-1658 • FAX: 864-592-1690 WWW.BURNETT-INC.COM August 28, 2026 Mr. Bryan Adams, Chief Operator Fairhope Utilities 555 South Section Street Fairhope Alabama 36532 Subject: Sole Source CAL~FLO® Lime Slurry and Pricing Burnett Lime Company, Inc., is the sole manufacture of its product, CAL~FLO® Lime Slurry. Burnett Lime Company, Inc. is the sole or exclusive representative for CAL~FLO® Lime Slurry and CAL~FLO® Lime Slurry Systems within the state of Alabama for the purchase of new products, OEM repair parts, repairs and maintenance. is a Burnett Lime Company, Inc. trademark, which is produced and sold with the patented CAL~FLO® Lime Slurry System. In selecting the CAL~FLO® system and slurry, your facility will receive our feed system functional guarantee (since the CAL~FLO® slurry meets the required specifications for proper operation). No other representative can sell products, repair/replacement parts, maintenance, repair/replacement services, field services and technical support for Burnett Lime Company, Inc. Burnett Lime Company, Inc. is the sole authorized repair facilitator for maintenance and installation in addition to stocking all authorized repair parts. Pricing: The delivered price to Fairhope AL for CAL~FLO slurry is currently $0.108 per liquid pound for a 30% suspension of calcium hydroxide until 1/1/2027. After the first of the year, the price will be adjusted to $0.117 per liquid pound to 9/30/2027. Due to higher fuel prices, there is a surcharge of $0.33/round-trip mile until diesel prices moderate. Your contact for CAL~FLO® Lime Slurry is: Name Andrew Cannon or Judy Gregory Address 7095 Hwy 11, Campobello, SC 29322 Phone 864-592-1658 Email acannon@burnett-inc.com cc: jgregory@burnett-inc.com If you have questions regarding this issue, please contact me at 864-592-1658. Thank you, Hugh Burnett BURNETT LIME COMPANY, LLC. Email: hburnett@burnett-inc.com Web: www.burnett-inc.com Page 192 of 258 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Bryan Adams Date: 8/26/2026 Department: Water 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 am ount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost incre ases. QUOTES Vendor Name Vendor Quote 1. Burnett Lime Company $ 50,000.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Liquid Lime 2. What is the total cost of the item or service? $ 50,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): 6. Vendor Number: 8902 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? $ 50,000.00 3. Budget code: 004010-53011-10 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 193 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1267 FROM: Daryl Morefield, Water Superintendent Noel Berry, Utilities Engineer SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the City Utilities Engineer, Noel Berry, have requested to procure Diffused Air Equipment and a Blower for the Wastewater Treatment Plant. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve the award of Bid No. 26-049-2026-SEW-003 Wastewater Treatment Plant Diffused Air Equipment and Blower to Jim House & Associates for the not-to-exceed cost of $319,895.00. BACKGROUND INFORMATION: A service bid was issued on August 21, 2026, posted to the City of Fairhope's website, and published in Gulf Coast Media. Four (4) bids were received at the bid opening on September 22, 2026 at 2:00 p.m. The bids were evaluated for price and conformance with the requirements of the bid. A certified bid tab is attached summarizing the pricing received. The bid tab indicates that the Fine Bubble Aeration Equipment and Rotary Screw (Hybrid) Blower combination submitted by Jim House & Associates was the apparent low bid at $306,058.00. However, upon review of the submitted equipment specifications, it was determined that the variable frequency drive for the Rotary Screw (Hybrid) blower did not meet the bid requirements. The next-lowest bid, submitted by Principal Environmental in the amount of $315,150.00, was also determined to be non-responsive because the proposed diffused air equipment did not meet the RFP requirements. The lowest responsive bid was submitted by Jim House & Associates in the amount of Three Hundred Nineteen Thousand Eight Hundred Ninety-Five Dollars ($319,895.00) for the Fine Bubble Aeration Equipment and Rotary Lobe Positive Displacement Blower combination. We have reviewed the bid package and determined that Jim House & Associates meets the requirements of the bid and is the lowest responsive, responsible bidder. Page 194 of 258 The bid package is located in the Purchasing Office. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59502-30 WWTP - System Improvements $319,895.00 $319,895.00 $0.00 Project No.: 2026SEW003 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 adjust budget for Project No.: 2026SEW003 to match FY2027 Budget. There will also be a materials contract and an installation contract. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 195 of 258 RESOLUTION NO. _______ , as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 26-049- 2026-SEW-003) Wastewater Treatment Plant Diffused Air Equipment and Blower for the City of Fairhope Wastewater Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for (Bid No. 26-049-2026-SEW-003) Wastewater Treatment Plant Diffused Air Equipment and Blower [3] After evaluating the bid proposals with the required bid specifications, Jim House & Associates is now awarded (Bid No. 26-049-2026-SEW-003) Wastewater Treatment Plant Diffused Air Equipment and Blower for the City of Fairhope Wastewater Department for the not-to-exceed cost of $319,895.00. ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 196 of 258 September 28, 2026 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL Re: Bid No. 26-049 –2026 Wastewater Treatment Plant Diffused Air Equipment and Blower Contract No. 26301 Dear Daryl: Four (4) proposals were received at 2:00 P.M., local time, on September 2, 2026, for the diffused air equipment and blower to provide supplemental air to the existing Orbal aeration basin at Fairhope WWTP. The proposals were evaluated for price and conformance with the requirements of the Request for Proposal (RFP). A certified bid tab is attached summarizing the pricing received. The bid tab indicates that the Fine Bubble Aeration Equipment and Rotary Screw (Hybrid) Blower combination submitted by Jim House & Associates was the apparent low bid at $306,058.00. However, upon review of the submitted equipment specifications, it was determined that the variable frequency drive for the Rotary Screw (Hybrid) blower did not meet the RFP requirements. The next-lowest bid, submitted by Principal Environmental in the amount of $315,150.00, was also determined to be non-responsive because the proposed diffused air equipment did not meet the RFP requirements. The lowest responsive bid was submitted by Jim House & Associates in the amount of $319,895.00 for the Fine Bubble Aeration Equipment and Rotary Lobe Positive Displacement Blower combination. We have reviewed the bid package and determined that Jim House & Associates meets the requirements of the RFP and is the lowest responsive, responsible bidder. Therefore, Krebs Engineering, Inc. recommends that the City purchase the Fine Bubble Aeration Equipment and Rotary Lobe Positive Displacement Blower from Jim House & Associates for the bid amount of $319,895.00. Sincerely yours, Krebs Engineering, Inc. By____________________________ D. Robert Vaughan, P.E. Sr. Associate cc: Krebs File No. 26301 Page 197 of 258 JOB NO.: 26301 Principal Environmental Xylem Water Solutions SSI Aeration, Inc. Jim House & Associates DATE: SEPTEMBER 22, 2026, 2:00 PM, LOCAL TIME 1770 The Exchange N19W23993 Ridgeview Pkwy 4 Tucker Drive 24312 Highway 98 OWNER: CITY OF FAIRHOPE Atlanta, GA 30339 Waukesha, WI 53188 Poughkeepsie NY 12603 Fairhope, AL 36532 Item No.Quantity Description of Item Units Total Price for Item Total Price for Item Total Price for Item Total Price for Item 1 1 Fine Bubble Aeration Equipment LS $72,250.00 BID INCLUDED IN ITEM 1 BELOW $73,100.00 $93,170.00 1 1 Rotary Lobe Positive Displacement Blower LS $168,400.00 $909,000.00 $276,000.00 $209,725.00 2 1 Five-Year Warranty for One (1) Rotary Lobe Positive Displacement Blower LS $74,500.00 $71,000.00 $12,646.00 $17,000.00 $315,150.00 $980,000.00 $361,746.00 $319,895.00 Equipment Delivery Date to Jobsite 20 - 24 weeks after approved submittals 26 - 30 weeks after approved submittals 19 - 22 weeks weeks after approved submittals 24 - 26 weeks after approved submittals 1 1 Rotary Screw (Hybrid) Blower LF $168,400.00 $849,000.00 $314,200.00 $187,188.00 2 1 Five-Year Warranty for One (1) Rotary Screw (Hybrid) Blower $74,500.00 $69,000.00 $18,393.00 $25,700.00 $315,150.00 $918,000.00 $405,693.00 $306,058.00 Equipment Delivery Date to Jobsite 20 - 24 weeks after approved submittals 26 - 30 weeks after approved submittals 22 - 25 weeks after approved submittals 19 - 21 weeks after approved submittals "I hereby certify that this is a true tabulation of bids received by the City of Fairhope, Alabama on September 22, 2026 @ 2:00 PM, Local time for the Highway 181 and Gayfer Road 16-Inch Water Transmission Main Project. D. Robert Vaughan, P.E. Sr. Associate KREBS ENGINEERING, INC. 1040 STANTON ROAD SUITE A & B DAPHNE, AL 36526 251.309.9124 DESCRIPTION: BID No. 26-049-2026 WWTP DIFFUSED AIR EQUIPMENT AND BLOWER TOTAL BID AMOUNT - Fine Bubble Aeration Equipment and Rotary Lobe Positive Displacement Blower and Five-Year Warranty TOTAL BID AMOUNT - Fine Bubble Aeration Equipment and Rotary Screw (Hybrid) Blower and Five-Year Warranty Page 198 of 258 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Noel Berry, PE-Utilities Engineer Department: Wastewater- 004020 Project Name: Wastewater Treatment Plant Diffused Air Equipment and Blower Project Description: Blower and diffusers for Wastewater Treatment Plant Orbal Supplemental Air - Equipment Only Project Category: X Bid Professional Service Other: Budget Amount: $800,00.00 Budget Code: 004020-59502-30 Budgeted for Current FY: X Yes No Project Number: 2026-SEW 003 BID INFORMATION Bid Duration: 3 Weeks Project Duration: TBD Engineer of Record: Noel Berry Pre-Bid Meeting: X No Yes Mandatory Non-Mandatory Scope of Work Provided By: Krebs Engineering Contract Extensions: X No Yes Project Manager: Noel Berry Insurance Requirements: X Minimum Maximum Bonds: X Bid Performance Labor & Materials Related Bids/RF’s FORCE ACCOUNT INFORMATION Force Account Project: X No Yes Estimated Amount: Budget Code: Notes: Sherry Sullivan (Aug 20, 2026 07:08:04 CDT) Sherry Sullivan Page 199 of 258 Orbal Supplemental Air Materials Project Bid Request Form Final Audit Report 2026-08-20 Created:2026-08-13 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAcWzsDGc8I-n0gLnbgF97ahDQbBPtW-oB "Orbal Supplemental Air Materials Project Bid Request Form" Hi story Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2026-08-13 - 5:22:45 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2026-08-13 - 5:23:12 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2026-08-19 - 1:35:11 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2026-08-19 - 1:36:13 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2026-08-19 - 1:36:16 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2026-08-19 - 10:28:50 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2026-08-19 - 10:28:52 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2026-08-20 - 12:07:45 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2026-08-20 - 12:08:04 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Agreement completed. 2026-08-20 - 12:08:04 PM GMT Page 200 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1264 FROM: Daryl Morefield, Water Superintendent SUBJECT: Resolution - That the Mayor and City Treasurer are hereby authorized and directed to dispose of approximately 300 Scrap Brass Water Meters owned by the City of Fairhope, Alabama, by selling them for scrap brass and copper at the highest offered value. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the Mayor and City Treasurer are hereby authorized and directed to dispose of approximately 300 Scrap Brass Water Meters owned by the City of Fairhope, Alabama, by selling them for scrap brass and copper at the highest offered value. 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 201 of 258 RESOLUTION NO. _____ the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; , AS FOLLOWS: . That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: Approximately 300 Scrap Brass Water Meters That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by the following method: a. Sold for scrap brass and copper at the highest offered value. ADOPTED AND APPROVED THIS 12TH DAY OF OCTOBER, 2026 ___________________________________ James Reid Conyers, Jr. Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk Page 203 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1270 FROM: John Thomas, Public Works Director SUBJECT: Resolution — That certain items are declared surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the three methods listed on the resolution. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council declares certain items as surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the three methods listed on the resolution. 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 204 of 258 RESOLUTION NO. _____ the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; . That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: [SEE ATTACHED LIST OF EQUIPMENT] That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by one of the following methods: a. Receiving bids for such property (via “GovDeals”). All such property shall be sold to the highest bidder, provided, however, that the City Council shall grant the authority to the Mayor to reject all bids when, in her opinion, she deems the bids to be less than adequate consideration for the personal property. b. Sold for scrap or recycle at the highest offered value. c. Disposal via landfill. ADOPTED AND APPROVED THIS 12TH DAY OF OCTOBER, 2026 ______________________________ James Reid Conyers, Jr. Council President ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk Page 206 of 258 GovDeals 9/29/26 Fleet Maintenance 7 Drawer Sterling toolbox with top hutch . 1 Pallet box of vehicle parts. Nesco dual wheel dolly. City Museum 3 Boxes of assorted plates, bowls and cups . 1 Super C Backpack disinfectant spraye r. 1 Sony DVD player with battery pack . 1 Pyle Pro Audio PA System. Police Dept 4 Chevrolet Tahoe center consoles. 1 Chevrolet Tahoe rear seat set . Building Maintenance Trane 90 Ton Liquid chiller IT Dept 2 Pallets of retired equipment Page 207 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2027-5 FROM: Stephanie Hollinghead, Chief of Police Hannah Noonan, Human Resources Director SUBJECT: The addition of three (3) Part-Time Temporary Police Dispatchers, at a Grade 110, due to several full-time vacant positions. This will be beneficial to the City, and each position will expire when full-time positions are filled. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council authorizes and approves the addition of three (3) Part-Time Temporary Police Dispatchers, at a Grade 110, due to several full-time vacant positions. This will be beneficial to the City, and each position will expire when full-time positions are filled. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Page 208 of 258 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 209 of 258 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes and approves the addition of three (3) Part-Time Temporary Police Dispatchers, at a Grade 110, due to several full time vacant positions. This will be beneficial to the City, and each position will expire when full time positions are filled. ADOPTED THIS 12TH DAY OF OCTOBER, 2026 James Reid Conyers, Jr. Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 210 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1273 FROM: Wes Boyett, Gas Superintendent SUBJECT: The Superintendent of Gas Department, Wes Boyett, and the Assistant Gas Superintendent, Taylor Wesson, are requesting approval of the sole source purchase of Sensus gas meter transmitters. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve the purchase of 700 Sensus gas meter transmitters from Core and Main LP as sole source distributor for a cost not-to-exceed $116,802.00 plus freight. BACKGROUND INFORMATION: The Superintendent of Gas Department, Wes Boyett, and the Assistant Gas Superintendent, Taylor Wesson, are requesting approval of the sole source purchase of 700 Sensus gas meter transmitters. The cost is One Hundred Sixty-Six Dollars and Eighty-Six Cents ($166.86) per transmitter. The total is not-to-exceed One Hundred Sixteen Thousand Eight Hundred Two Dollars ($116,802.00) plus freight. Core and Main LP is the sole authorized distributor for Sensus products in the state of Alabama. The equipment and software are exempt from formal bidding per Code of Alabama 1975, Section 41-16-57 (b)(1) which states: "The governmental body can document that the sole source goods or services are of an indispensable nature, all other viable alternatives have been explored, and it has been determined that only these goods or services will fulfill the function for which the product is needed." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500- 10 Gas - System Improvements $116,802.00 $116,802.00 $0.00 Page 211 of 258 Project No.: TBD 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: Requisition should be entered as Inventory. Meters to be expensed as used. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 212 of 258 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope has voted to approve the procurement of 700 Sensus Gas Meter Transmitters from Core and Main LP 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 is not-to-exceed $116,802.00 plus freight. DULY ADOPTED ON THIS 12TH DAY OF OCTOBER, 2026 _______________________________ James Reid Conyers, Jr. Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 213 of 258 CITY OF FAIRHOPE 555 S. SECTION ST FAIRHOPE, AL 36533 Contact: Taylor Wesson (T) 251-928-8003 taylor.wesson@fairhopeal.gov Job Fairhope 300GM 9-18-2026 Fairhope, AL Bid Date: 09/17/2026 10:00 pm Bid #: 5217305 Sales Representative John Wood (M) 850-393-9158 (T) 850-478-6372 (F) 850-478-4323 John.Wood@coreandmain.com Core & Main 4210 Halls Mill Road Mobile, AL 36693 (T) 2514431725 10/01/2026 - 12:46 PM Actual taxes may vary Page 1 of 2 Bid Proposal for Fairhope 300GM 9-18-2026 CU S TOM E R CON T ACT NO TE S Page 214 of 258 Seq#Qty Description Units Price Ext Price 10 700 5399255532100M 300GM SMARTPNT EA 166.86 116,802.00 20 + FREIGHT CHARGES Sub Total 116,802.00 Tax 0.00 Total 116,802.00 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: https://coreandmain.com/terms-of-sale/ THIS BID MAY INCLUDE GLOBALLY SOURCED (IMPORTED) MATERIALS THAT ARE SUBJECT TO CHANGING TARIFFS. PRICES ARESUBJECT TO CHANGE DUE TO POTENTIAL ADDITIONAL TARIFFS IMPOSED BY THE U.S. GOVERNMENT. IF IMPOSED, PRICES WILLINCREASE BY THE SAME PERCENTAGE AND WILL BE EFFECTIVE ON THE DATE THAT THE NEW TARIFFS ARE IMPLEMENTED. THESEITEMS SHOULD BE PURCHASED WITH HASTE TO AVOID ANY ADDITIONAL RISING TARIFF COSTS. 10/01/2026 - 12:46 PM Actual taxes may vary Page 2 of 2 CITY OF FAIRHOPE Job Location: Fairhope, AL Bid Date: 09/17/2026 10:00 pm Core & Main Bid #: 5217305 Core & Main 4210 Halls Mill Road Mobile, AL 36693 Phone: 2514431725 Fax: 2516617768 Bid Proposal for Fairhope 300GM 9-18-2026 Page 215 of 258 September 23, 2026 SUBJECT: DISTRIBUTOR SOLE SOURCE To Whom it May Concern: Sensus, a Xylem brand recognizes Core & Main LP as the Authorized Distributor of Sensus products in the state of Alabama. This includes the Sensus FlexNet E asylink mobile reading device and Sensus FlexRead software to allow customers to simultaneously read both Sensus Smartpoint radios and Neptune R900 radio modules. Purchasing Sensus products from an authorized distributor in your area ensures that your products will be properly supported and warranted. Please contact Core & Main LP for all of your Sensus needs. We look forward to providing your business with quality water products and service. Please feel free to contact me if you have any questions. Sincerely Rob McClendon Rob McClendon Accounts Development Manager, AL/MS Sensus, a Xylem Brand 205.317.7040 Page 216 of 258 Rob McClendon Account Development Manager Birmingham, AL 35210 USA Rob.mcclendon@xyleminc.com sensus.com Page 217 of 258 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. Core & Main $116,802.00 Click or tap here to enter text. Click or tap here to enter text. Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☒ Sole Source (Attach Sole Source Justification) 1. What item or service do you need to purchase? Gas Meter Transmitters 2. What is the total cost of the item or service? $116,802.00 3. How many do you need? 700 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Core & Main 6. Vendor Number: 4181 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? $100,000 3. Budget code: 59500 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 218 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1281 FROM: Kim Creech, City Treasurer SUBJECT: City Treasurer, Kim Creech, is requesting approval to procure consulting services for a financial advisor for the City. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: To approve the selection of PFM Financial Advisors LLC for Professional Consulting Services as Financial Advisor for the City with a not-to-exceed retainer of $20,000.00, and authorizes Mayor Sullivan to execute the contract. BACKGROUND INFORMATION: The City Treasurer, Kim Creech, is requesting approval to procure consulting services for a financial advisor for the City. PFM Financial Advisors LLC was chosen to perform this professional service. The Scope of Work shall include: • Services related to the Plan of Finance recommendation for the City's upcoming water projects. • Services related to Debt Transactions (includes short term financings, notes, loans, letters of credit, line of credit and bonds); provided that if the transaction is competitive, the services shall be modified to reflect that process. The related fees shall be an annual retainer of $20,000.00. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which states: “Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” Page 219 of 258 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50290 General Gov't - Professional Services $20,000.00 $20,000.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 220 of 258 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the selection of PFM Financial Advisors LLC for Professional Consulting Services as Financial Advisor for year-long services with a not-to-exceed retainer of $20,000.00; and hereby authorizes Mayor Sherry Sullivan to execute contract. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(a)(3). DULY ADOPTED THIS 12TH DAY OF OCTOBER, 2026 _________________________________ James Reid Conyers, Jr. Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 221 of 258 Rev. 02.01.2026 PFM FINANCIAL ADVISORS LLC AGREEMENT FOR FINANCIAL ADVISORY SERVICES This agreement (“Agreement”), made and entered into this ___ day of September, 2026, by and between the City of Fairhope, AL (“Client”) and PFM Financial Advisors LLC (hereinafter called “PFM”), sets forth the terms and conditions under which PFM shall provide services. WHEREAS, Client desires to obtain the services of a financial advisor to develop and assist in implementing Client’s strategies to meet its current and long-term operations, financial obligations, capital financing needs and render assistance in respect to debt transactions; and WHEREAS, PFM is capable of providing the necessary financial advisory services. NOW, THEREFORE, in consideration of the above-mentioned premises and intending to be legally bound hereby, Client and PFM agree as follows: I. SCOPE OF SERVICES PFM shall provide, upon request of the Client, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance, as applicable and set forth in Exhibit A to this Agreement. In addition, upon Client’s request, PFM may, under separate writing, including separate scope and fees, provide services related to Structured Products transactions (e.g. services related to the investment of bond proceeds, including, but not limited to, the design and competitive procurement of structured investments and fixed-income portfolios), and Investor Relations Advisory services (e.g. services related to assisting Client with optimizing their investor outreach efforts, including, but not limited to, support with investor communications, transaction information evaluation using proprietary analytics and maintaining investor database). Client acknowledges and agrees that PFM does not provide legal, tax, or accounting advice in connection with the services. Client is solely responsible for obtaining its own legal, tax, or accounting advice with respect to the Services and any related matter(s). Client acknowledges and agrees that most tasks requested by Client will not require all services provided for in Exhibit A and as such the specific scope of services for such task shall be limited to just those services required to complete the task. Any material changes in or additions to the scope of services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement, or applicable separate agreement with Client for Structured Products or Investor Relations Advisory services. Upon the request of Client, an affiliate of PFM or a third party referred or otherwise introduced by PFM and/or designated by Client may provide additional services to Client under a separate writing, including separate scope and compensation, between Client and such affiliate or third party. Client acknowledges that, in certain circumstances, the same individual may provide services to Client on behalf of both PFM and one or more of its affiliates. For example, Client may elect to engage PFM for municipal advisory services and separately engage an affiliate of PFM for consulting or other non-municipal advisory services, where the same individual will serve under both engagements. Page 222 of 258 Rev 02.01.2026 - 2 - In such cases, the services shall be provided strictly in accordance with the terms of the respective agreements between Client and PFM and/or the applicable Affiliate. The provision of services by an individual in such dual roles shall not alter or affect the separate legal responsibilities, obligations, or liabilities of PFM and its affiliates under their respective agreements with Client. II. WORK SCHEDULE The services of PFM are to commence as soon as practicable after the execution of this Agreement and a request by the Client for such service. III. REGISTERED MUNICIPAL ADVISOR; REQUIRED DISCLOSURES 1. PFM is a registered municipal advisor with the Securities and Exchange Commission (the “SEC”) and the Municipal Securities Rulemaking Board (the “MSRB”), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2. If Client has designated PFM as its independent registered municipal advisor (“IRMA”) for purposes of SEC Rule 15Ba1- 1(d)(3)(vi) (the “IRMA exemption”), then services provided pursuant to such designation shall be the services described in Exhibit A hereto, subject to any agreed upon limitations. Verification of independence (as is required under the IRMA exemption) shall be the responsibility of such third party seeking to rely on such IRMA exemption. PFM shall have the right to review and approve in advance any representation of PFM’s role as IRMA to Client. 2. MSRB Rules require that municipal advisors make written disclosures to their clients of all material conflicts of interest, certain legal or disciplinary events and certain regulatory requirements. Such disclosures are provided in PFM’s Disclosure Statement delivered to Client prior to or together with this Agreement. IV. FINANCIAL ADVISORY COMPENSATION; REIMBURSEMENT OF EXPENSES For the services provided under this Agreement, PFM’s professional fees shall be paid as provided in Exhibit B to this Agreement and Client shall pay expenses and fees for other services not set forth in Exhibit A as provided below. All fees shall be due to PFM within thirty (30) days of the date of invoice. 1. Reimbursable Expenses In addition to fees for services, PFM will be reimbursed for necessary, reasonable, and out-of-pocket expenses incurred, including, but not limited to, travel, meals, lodging, telephone, mail, and other ordinary or extraordinary costs such as for graphics, printing, document production (including as required by a subpoena or other legal document or order), data processing and computer time which are incurred by PFM. Upon request of Client, documentation of such expenses will be provided. 2. Other Services Page 223 of 258 Rev 02.01.2026 - 3 - Any services which are not included in the scope of services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures. V. TERMS AND TERMINATION This Agreement shall be effective from September 10, 2026 until September 30, 2027 (the “Initial Term”) and shall automatically renew for additional one-year periods (each a “Renewal Term” and together with the Initial Term, the “Term”, unless earlier terminated in writing by either party upon thirty (30) days written notice to the other party. Upon any such termination, PFM will be paid for all services performed and costs and expenses incurred up to the termination date. VI. ASSIGNMENT PFM shall not assign or transfer any interest in this Agreement or subcontract any of the work performed under the Agreement without the prior written consent of the Client; provided that PFM retains the right to enter into a sale, merger, acquisition, internal reorganization, or similar transaction involving PFM’s business without any such consent. VII. INFORMATION TO BE FURNISHED TO PFM All information, data, reports, and records in the possession of the Client or any third party necessary for carrying out any services to be performed under this Agreement (“Data”) shall be furnished to PFM. PFM may rely on the Data in connection with its provision of the services under this Agreement and the provider thereof shall remain solely responsible for the adequacy, accuracy and completeness of such Data. Client acknowledges that from time-to- time PFM may utilize third-party data in the provision of services to Client, including, without limitation, CUSIPs, ratings information, pricing information and other market or reference data, for which data fees or charges may be payable by Client. VIII. NOTICES All notices and other communications required under this Agreement shall be in writing and may be sent by certified mail, return receipt requested, by nationally recognized courier, with written verification of receipt, or by electronic mail. Notices shall be sent to the parties at the following addresses, or to such other address as a party may furnish to the other party: CITY OF FAIRHOPE, AL 161 North Section Street Fairhope, AL 36532 Attention: Kimberly Creech PFM FINANCIAL ADVISORS LLC 116 Jefferson Street South, Suite 301 Huntsville, AL 35901 Attention: Managing Director Page 224 of 258 Rev 02.01.2026 - 4 - IX. TITLE TRANSFER All materials, except functioning or dynamic financial models, prepared by PFM pursuant exclusively to this Agreement shall be the property of the Client. Subject to the exception described above, upon termination of this Agreement, at Client’s reasonable request no later than three (3) years after the termination of this Agreement, PFM shall deliver to the Client copies of any deliverables pertaining to this Agreement. X. PFM’S REPRESENTATIVES Advisory Team The employees of PFM set forth below will provide the services set forth in this Agreement; provided that PFM may, from time to time, supplement or otherwise amend the advisory team members set forth below. A. Professional Staff • Marcie Lewis, Director • Joshua McCoy, Managing Director • Brooke Rickert, Senior Analyst • Elijah Williams, Analyst B. Administrative and Support Staff • Greta Englert, Managing Associate Changes in Advisory Team Requested by the Client The Client has the right to request, for any reason, that PFM replace any member of the advisory team. Should the Client make such a request, PFM shall promptly suggest a substitute for approval by the Client. XI. INSURANCE PFM shall maintain insurance coverage with policy limits not less than as stated in Exhibit C. XII. LIMITATION OF LIABILITY Except to the extent caused by its willful misconduct, bad faith, gross negligence or reckless disregard of its obligations or duties, PFM shall have no liability to any party under this Agreement. Page 225 of 258 Rev 02.01.2026 - 5 - XIII. INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARY PFM, its employees, officers and representatives at all times shall be independent contractors and shall not be deemed to be employees, agents, partners, servants and/or joint venturers of Client by virtue of this Agreement or any actions or services rendered under this Agreement. Nothing in this Agreement is intended or shall be construed to give any person, other than the parties hereto, their successors and permitted assigns, any legal or equitable rights, remedy or claim under or in respect of this Agreement or any provisions contained herein. In no event will PFM be liable for any act or omission of any third party or for any circumstances beyond PFM’s reasonable control including, but not limited to, fire, flood, or other natural disaster, war, riot, strike, act of terrorism, act of civil or military authority, software and/or equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services. XIV. APPLICABLE LAW This Agreement shall be construed, enforced, and administered according to the laws of the State of Alabama. PFM and the Client agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action. XV. ENTIRE AGREEMENT; SEVERABILITY This Agreement represents the entire agreement between Client and PFM and may not be amended or modified except in writing signed by both parties. For the sake of clarity, any separate agreement between Client and an affiliate of PFM or any third party referred or introduced by PFM and/or designated by Client shall not in any way be deemed an amendment or modification of this Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. XVI. EXECUTION; COUNTERPARTS Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party, and that the execution and delivery of this Agreement has been duly authorized by all necessary governance, corporate, or other entity actions including, where applicable, approval by its applicable governing board. This Agreement may be signed in any number of counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document. Page 226 of 258 Rev 02.01.2026 - 6 - IN WITNESS WHEREOF, Client and PFM have executed this Agreement as of the day and year herein above written. Client By: Name: Title: PFM FINANCIAL ADVISORS LLC By: Name: Joshua McCoy Title: Managing Director Page 227 of 258 Rev 02.01.2026 - 7 - EXHIBIT A SCOPE OF SERVICES 1. Services related to the Financial Planning and Policy Development upon request of Client: • Assist the Client in the formulation of Financial and Debt Policies and Administrative Procedures. • Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be designed to maximize ability to finance future capital needs. This will include, but not be limited to, reviewing existing debt for the possibility of refunding that debt to provide the Client with savings. • Analyze future debt capacity to determine the Client’s ability to raise future debt capital. • Assist the Client in the development of the Client’s Capital Improvement Program by identifying sources of capital funding. • Assist the Client with the development of the Client’s financial planning efforts and process by assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing, short-term vs. long-term financings, assessments, user fees, impact fees, developer contributions, public/private projects, and grants and provide analysis of each alternative as required as to the budgetary and financial impact. • Review the reports of accountants, independent engineers and other project feasibility consultants to assist the Client in determining whether such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion of such independent studies; and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein. • Develop, manage and maintain computer models for long-term capital planning which provide for inputs regarding levels of ad valorem and non-ad valorem taxation, growth rates by operating revenue and expenditure item, timing, magnitude and cost of debt issuance, and project operating and capital balances, selected operating and debt ratios and other financial performance measures as may be determined by the Client. • Conduct strategic modeling and planning and related consulting. • Attend meetings with Client’s staff, consultants and other professionals and the Client. Page 228 of 258 Rev 02.01.2026 - 8 - • Undertake financial planning and policy development assignments made by the Client regarding financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs. • Assist the Client in preparing financial presentations for public hearings and/ or referendums. • Provide special financial services as requested by the Client. 2. Services Related to Debt Transactions (Includes short term financings, notes, loans, letters of credit, line of credit and bonds); provided that if the transaction is competitive, the services of the financial advisor will be modified in advance in writing to reflect that process. Upon the request of the Client: • Analyze financial and economic factors to determine if the issuance of bonds is appropriate. • Develop a financing plan in concert with Client’s staff which would include recommendations as to the timing and number of series of bonds to be issued. • Assist the Client by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection. • Advise as to the various financing alternatives available to the Client. • Develop alternatives related to debt transaction including evaluation of revenues available, maturity schedule and cash flow requirements. • Evaluate benefits of bond insurance and/or security insurance for debt reserve fund. • If appropriate, develop credit rating presentation and coordinate with the Client the overall presentation to rating agencies. • Review underwriter’s proposals and submit a written analysis of same to the Client. • Assist the Client in the procurement of other services relating to debt issuance such as printing, paying agent, registrar, etc. • Identify key bond covenant features and advise as to the financial consequences of provisions to be included in bond indentures, resolutions or other governing documents regarding security, creation of reserve funds, flow of funds, Page 229 of 258 Rev 02.01.2026 - 9 - redemption provisions, additional parity debt tests, etc.; review and comment on successive drafts of bond governing documents. • Review the requirements and submit analysis to bond insurers, rating agencies and other professionals as they pertain to the Client’s obligation. • Review the terms, conditions and structure of any proposed debt offering undertaken by the Client and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability. • Coordinate with Client’s staff and other advisors as respects the furnishing of data for offering documents, it being specifically understood that PFM is not responsible for the inclusion or omission of any material in published offering documents. In accordance with federal securities law regulations (Office of Municipal Securities), Client is responsible for the information included in the offering documents. Subject to Section VII above, PFM shall have no liability regarding such information’s accuracy. • As applicable, advise the Client on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations. • Assist and advise the Client in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make recommendations regarding a proposed offering to obtain the most favorable financial terms based on existing market conditions. • Arrange for the closing of the transaction including, but not limited, to bond printing, signing and final delivery of the bonds. Page 230 of 258 Rev 02.01.2026 - 10 - The following services would be provided under separate agreement, including separate scope and compensation for each transaction, which will be determined based upon the scope and complexity of the work being performed. 3. Services Related to Structured Products Transactions may include upon request of Client, but not necessarily be limited to: • Structuring and competitive procurement of refunding and/or cash defeasance escrows including analysis, development of written bid specifications, preparation of cash flow, yield, sufficiency, and other calculations as required by bond and tax counsel, the verification agent, and the Client, and coordination of the timely settlement of the securities, and providing records regarding the bidding process and pricing of the securities as required by bond/tax counsel and the Client. • Analysis and coordination of initial and final subscriptions with the Bureau of the Fiscal Service, Special Investments Branch for State and Local Government Series (SLGS) securities and preparation of cash flow, yield, sufficiency, and other calculations as required by bond and tax counsel, the verification agent, and the Client. Monitoring of market conditions and consultation with the Client and its designated legal counsel and other advisors to determine if any changes to the investment strategy are warranted, as applicable. Provide advice, as applicable, regarding the timing of any SLGS redemptions and coordination with the Client’s trustee or other designated agent to facilitate any such redemptions. • Structuring and competitive procurement of fixed-income portfolios for bond proceeds accounts including, but not limited to, project funds, capitalized interest funds, debt service reserve funds, rate stabilization funds, and debt service funds including analysis, development of written bid specifications, preparation of cash flow, yield, sufficiency, and other calculations as required by bond and tax counsel, the verification agent, and the Client, coordination of the timely settlement of the securities, and providing records regarding the bidding process and pricing of the securities as required by bond/tax counsel and the Client. Such services can be provided on either a discrete or ongoing basis at the direction of the Client. • Structuring and competitive procurement of structured investments including, but not limited to, guaranteed investment contracts and repurchase agreements, including development of written bid specifications, coordination of review of investment agreement terms, coordination of the execution and settlement of the agreement, and providing records regarding the bidding process and pricing of the agreement as required by bond/tax counsel and the Client. Page 231 of 258 Rev 02.01.2026 - 11 - EXHIBIT B COMPENSATION FOR SERVICES 1. Retainer For general advice between financings, PFM shall receive an annual fee in the amount of $20,000 (“Retainer”), payable in quarterly installments. The Retainer shall be reviewed and revised upon mutual agreement. For each Renewal Term following the Initial Term, the Retainer shall increase by 2% and shall be the Retainer for the applicable Renewal Term. 2. Fixed Rate Transaction Fees (Competitive and Negotiated) The compensation schedule for competitive and negotiated sales of long-term financings will be billed at closing as follows: Bank Loans/LOC: $0.75 per $1,000 of issuance* Public Markets: $0.85 per $1,000 of issuance * Based upon Bond Proceeds and is subject to a minimum fee of $20,000 per transaction and a not-to-exceed amount of $75,000 per transaction. Subject to negotiation by either PFM or the Client based on level of complexity. 3. Hourly Project Fees (Non-Transaction Related) In the event a financing is started but canceled or the Retainer contract is canceled prior to the end of the contract period at the Client’s request, accrued time will be billed as follows: Experience Level Hourly Rate Managing Director $400.00 Director $375.00 Senior Managing Consultant $350.00 Senior Analyst/Analyst $300.00 Administrative Support $250.00 Page 232 of 258 Rev 02.01.2026 - 12 - EXHIBIT C INSURANCE Page 233 of 258 Insurance Statement PFM Financial Advisors LLC (“PFM”) has a complete insurance program, including property, casualty, general liability, automobile liability and workers compensation. PFM maintains Professional (E&O)/Cyber Liability coverage which total $5 million single loss/ aggregate. Our Professional/Cyber Liability policies are a “claims made” policy and our General Liability policy claims would be made by occurrence. Deductibles/SIR: Automobile $100 comprehensive & $1,000 collision General Liability $0 Professional (E&O)/ Cyber Liability $250,000 Crime $50,000 Insurance Company & AM Best Rating Professional Liability (E&O).................... AIG Specialty Insurance Company; (A; Stable) Cyber Liability......................................... AIG Specialty Insurance Company (A; Stable) Crime...................................................... Berkley Regional Insurance Company; (A+; Stable) General Liability...................................... The Phoenix Insurance Company; (A++ Stable) Automobile Liability................................. St. Paul Protective Insurance Company (A++ Stable) Excess /Umbrella Liability....................... Travelers Property Casualty Company of America; (A++ Stable) Workers Compensation.......................... Travelers Casualty Ins Co of America; (A++ Stable) & Employers Liability Page 234 of 258 ACORD® CERTIFICATE OF LIABILITY INSURANCE 12/7/2026 I DATE (MM/DD/YYYY) � 12/5/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC CONTACT PFMCertRequests NAME: OBA Lockton Insurance Brokers, LLC in CA PHONE I FAX IA/C No Extl: IA/C Nol: CA license #OF15767 E-MAIL PFMCertRequests@lockton.com 1185 Avenue of the Americas, Ste. 2010 ADDRESS: New York NY 10036 INSURER/SI AFFORDING COVERAGE NAIC# (646) 572-7300 INsuRER A: The Phoenix Insurance Comoanv 25623 INSURER B : St. Paul Protective Insurance Comoanv 19224 INSURED PFM Financial Advisors LLC INSURER c : Travelers Property Casualty Company of America 25674 1735 Market St Fl 42Philadelphia PA 19103 INSURER D : Travelers Casualty Ins Co of America 19046 INSURER E: AIG Specialty Insurance Company 26883 COVERAGES CERTIFICATE NUMBER: INSURER F : REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n ••n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY H-630-B9715676-PHX-25 12/7/2025 12/7/2026 EACH OCCURRENCE $ 1.000 000 D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED s 1,000,000 PREMISES (Ea occurrence) f-- MED EXP (Any one person) s 5.000 PERSONAL & ADV INJURY f-- s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2.000 000 Fl POLICY [x] �rg:: [x] LOC PRODUCTS • COMP/OP AGG s 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY BA-B9717018-25-N2-G 12/7/2025 12/7/2026 COMBINED SINGLE LIMIT s 1.000 000 IEa accident\ f--X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx f--OWNED � SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx f--AUTOS ONLY f--AUTOS HIRED NON-OWNED iP�?��c�Je':igAMAGE $ xxxxxxx f--AUTOS ONLY f--AUTOS ONLY $ xxxxxxx C X UMBRELLA LIAB � OCCUR CUP-B9793549-25-N2 12/7/2025 12/7/2026 EACH OCCURRENCE $ 20 000.000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 20 000 000 DED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION I PER I I OTH-D UB-B9717817 1/1/2026 1/1/2027 X STATUTE ER AND EMPLOYERS' LIABILITY Y / N Cm E.L. EACH ACCIDENT $ 1.000 000 N / A E.L. DISEASE • EA EMPLOYEE $ 1.000 000 E.L. DISEASE -POLICY LIMIT $ 1.000 000 E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Cyber/Tech E&O 01-420-47-31 12/7/2025 12/7/2026 Limit: $SM Retention: $250K DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER EVIDENCE OF COVERAGE CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR��,-;; VE\: . .rn-; \ J_Q[fi ., I rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 235 of 258 Sherry Sullivan Mayor Council Members: Andrea F. Booth Jack Burrell, ACMO Jimmy Conyers Joshua N. 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: September 30, 2026 Re: RFQ PS27-004 Professional Consulting Services for Financial Advisor The City Treasurer, Kim Creech, requests approval to procure consulting services for a financial advisor for the City. The consultant will provide, upon request from the City, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing firms for the Mayor to select from for the work. Per our Procedure for Procuring Professional Services, Kim Creech and I are providing this firm for the Mayor to select for the work. The company provided below has historically provided this particular consulting service for the City. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ PFM Financial Advisors LLC _______________ __________ _ None. Submit another list Cc: file, Kim Creech, Mayor Sherry Sullivan Sherry Sullivan (Oct 2, 2026 13:29:59 CDT)Oct 2, 2026 Page 236 of 258 Memo to choose - Prof Consultant - Financial Advisor Final Audit Report 2026-10-02 Created:2026-10-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA2E0gpKXpmiNeT3xV6lLLPoAQgu35g47J "Memo to choose - Prof Consultant - Financial Advisor" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2026-10-02 - 2:08:01 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2026-10-02 - 2:08:28 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2026-10-02 - 6:29:22 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2026-10-02 - 6:29:59 PM GMT - Time Source: server - Signature Appearance Selected: MOBILE_DRAW Agreement completed. 2026-10-02 - 6:29:59 PM GMT Page 237 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1278 FROM: Sherry Sullivan, Mayor SUBJECT: Annual Party Agreement between Oak Hollow Farm Inc. and the City of Fairhope for the City’s Christmas Event for City Employees at the “Barn” on Friday, December 11, 2026, from 12:00 p.m. to 3:30 p.m. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council authorizes Mayor Sherry Sullivan to execute an Annual Party Agreement between Oak Hollow Farm Inc. and the City of Fairhope for the City’s Christmas Event for City Employees at the “Barn” on Friday, December 11, 2026, from 12:00 p.m. to 3:30 p.m. 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 238 of 258 RESOLUTION NO. ______ , That Mayor Sherry Sullivan is hereby authorized to execute an Annual Party Agreement between Oak Hollow Farm Inc. and the City of Fairhope for the City’s Christmas Event for City Employees at the “Barn” on Friday, December 11, 2026, from 12:00 p.m. to 3:30 p.m. DULY ADOPTED THIS 12TH DAY OF OCTOBER, 2026 ________________________________ James Reid Conyers, Jr. Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Page 240 of 258 Oak Hollow Farm Inc . September 11 , 2026 City of Fa irh ope Attn: Gayle Fogarty Please accept this as written confirmation that Oak Hollow Farm has reserved the BARN on Friday, December 11. 2026 for your Christmas Party from 12 :00 to 3:30 p.m. Your pricing is $40pp + 15% gratuity+ $300 Setup/Cleanup . No tax will be applied as you are tax exempt. Per your requested quote , we will plan for 300=330 people and a confirmed guest count is needed by Friday December 4th, 2026. Final payment is due no later than the day of your event . .M.mY Ribeye Steaks & (5) Smoked Chicken Breasts (for those who don 't eat steak) Mashed Potatoes & Gravy, Green Beans & Squash Casserole Garden Salad , Yeast Rolls Peach Cobbler w/lce Cream & Cookies Tea * Lemonade * Water * Coffee Alcohol Policy: Although no alcohol is planned for this event, please be advised that Oak Hollow Farm holds an Alabama liquor license. Therefore, guests and clients may no longer bring alcoholic beverages onto the property. If alcohol is requested, all beverages must be purchased from and served by Oak Hollow Farm in accordance with ABC regulations. Oa k Ho llow Farm will provide tables , chairs and all paper products needed for your event. We also have ava ilable AV equipment if needed for any music or slideshow presentation yo u desire . We ask that you please notify us at least (3) days in advance if you would like to utilize this equipment and for what purposes. • A $500.00 deposit is required to reserve the date and the final balance is due prior to the event. • Please sign and return with your agreement to 14210 Greeno Road , Fairhope , AL along with your deposit. If you need additional information please give me a call 251-623-9621 . Client ______________________________ Date : __ _ Prepared by : Marva Dean Little, Owner/Events Coordinator (251)623-9621 * Page 241 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2026-1277 FROM: Pat White, Parks and Recreation Director SUBJECT: Recommendation from the Recreation Board to change the current City approved 12.5% fee structure for food trucks and other outside vendors at recreational events to a flat fee per day of $50.00 to be managed through the Parks and Recreation staff as part of the recreational facility usage rental agreements. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: That the City Council adopts the following recommendation from the Recreation Board to change the current City approved 12.5% fee structure for food trucks and other outside vendors at recreational events to a flat fee per day of $50.00 to be managed through the Parks and Recreation staff as part of the recreational facility usage rental agreements. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Page 242 of 258 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 243 of 258 RESOLUTION NO. ____ That the City Council adopts the following recommendation from the Recreation Board to change current City approved 12.5% fee structure for food trucks and other outside vendors at recreational events to a flat fee per day of $50.00 to be managed through the Parks and Recreation staff as part of the recreational facility usage rental agreements. Adopted this 12th day of October, 2026 _____________________________ James Reid Conyers, Jr. Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 244 of 258 Fairhope Sports Complex The City of Fairhope, Alabama, by and through its Recreation Department. Organization Name: ________________________________________ Contact Person:____________________________________________ Address: _________________________________________________ City: _________ State: ______ Zip Code: _______ E-mail Address: ____________________________________________ Phone Number: ___________________________________________ Event Date: ________ Start Time: _________ End Time: ________ Facilities Reserved: _________________________________________ _________________________________________________________ Description of Activities: ____________________________________ _________________________________________________________ _________________________________________________________ Maximum Number of Persons: ________________________________ Total Usage Fees: ___________ Deposit: _____________ Balance: ______________ ____________________________ ____________ ___________________________ City Representative’s signature Date Print Name ____________________________ ____________ ___________________________ Applicant’s signature Date Print Name Page 245 of 258 2 Fairhope Sports Complex 1. Allocation of Certain Revenues and Expenses: The parties agree that the following revenue and expense items will be allocated as follows: Gate Fee Concessions City Souvenirs Other Souvenirs Collection of Fees Scorekeepers Pay of Officials Pay of Officials’ Coordinator Pay Player Representative Purchase of Awards Purchase of Balls Vendors 2. Non-tournament Field/Facility Usage Fees: Multiuse Fields ____ fields x $25.00 per hour X ____ hours $________ (Barnwell) (Maximum $250.00 per calendar day per field) Soccer Field ____ fields X $25.00 per hour X ____ hours $________ (Manley Complex (Maximum $250.00 per calendar day per field) or Founders Complex) Baseball/Softball Field ____ fields X $25.00 per hour X ____ hours $________ (Volanta and Barnwell) (Maximum $250.00 per calendar day per field) Fields may be reserved up to ninety days in advance. Recreation and school use of the facilities shall take priority over rental and use by commercial third parties. : In the event a tournament or play date is scheduled at a Fairhope Sports Complex, the fee shall be as follows: 1. Fees due to the City of Fairhope for this Event (due at least 14 days prior to the date of the Event): Page 246 of 258 3 a. $1,000.00 facility fee, per day per complex. Three day minimum. Facility fees for a one day tournament or play date may be reduced to a two day minimum at the discretion of the Recreation Director. b. $20.00 per team c. $25.00 per hour, per field for use of field lighting d. WC Majors Field: $500.00 per day up to 4 hours plus $250.00 fee for use of lights; $1,000.00 fee for use of video board (includes operator) e. Volanta 60/90 Baseball Field: $100.00 per hour (minimum 5 hours), $250.00 for use of lights plus set up fees/costs as determined by Recreation Director 2. Concession from City owned concession facilities shall be run by the City or the corresponding officially recognized recreation league. All proceeds shall go to the respective recreation league only and fully accounted for at the end of each tournament or play date. Concessions for scheduled Fairhope School events shall be run by the Fairhope Booster Club or respective school sport. 3. Vendor fees: Vendors shall pay $50.00 to the City of Fairhope and shall comply with all terms and conditions of the City of Fairhope listed below. 4. SEE SEPARATE DOCUMENT FOR EXECUTION 3. Non-tournament Vendor Fees : One Calendar Day $150.00 per vendor X ____ vendor(s) $________ (Monday through Sunday) Two or More Calendar Days $250.00 per vendor X ____ vendor(s) $________ (Monday through Sunday) 4. Concessions: The City of Fairhope concession stands and sports complex buildings shall be operated by the City of Fairhope or the officially recognized youth sports league of the respective complex. All proceeds derived therefrom shall go directly to the recognized youth sports league and fully accounted for in annual reports to the Recreation Director or as requested. 5. Miscellaneous: You will provide (insert number) ______ of Off-Duty Police Officers during your Event. Quick Dry $10.00 per bag X ______ Bag(s) $ ___________ Facility Damage Deposit $300.00 flat fee $ 300.00 (To be returned after satisfactory damage/cleaning inspection) Clean-Up Deposit $200.00 flat fee $ 200.00 (To be returned after satisfactory damage/cleaning inspection) Cancellation fee: $500.00 flat fee $______500.00 (To be returned after tournament completion) Page 247 of 258 4 FOR OFFICE USE ONLY Allocations: $ _________________ Field Usage: $ _________________ Vendor(s): $ _________________ Miscellaneous: $ _________________ $ _________________ Check #__________ $ _________________ Check #__________ $ _________________ Check #__________ $ _________________ Check #__________ Page 248 of 258 5 Fairhope Sports Complex 1. Use. Use of the facilities shall be limited to those areas and activities specified on page one of this Contract. At its sole discretion, the City reserves the right to delay, postpone or cancel any activity conducted at the facilities. In case of inclement weather, the City reserves the right to decide whether conditions are suitable for play. 2. Usage Fees and Deposits. Reservations are on a first come, first serve basis. A Deposit equal to fifty percent (50%) of the Total Usage Fees (not including the Facility Damage Deposit and Clean-Up Deposit) is required upon execution of this Contract in order to secure the Event Date. Such Deposit shall be paid in cash or by valid check. The remaining balance, plus the Facility Damage Deposit and Clean- Up Deposit, shall be immediately due in cash or by valid check no later than fourteen (14) days prior to the Applicant’s Event Date. Other applicable fees determined to be owed by the Applicant at the conclusion of the event will be invoiced by the City and must be paid by the Applicant within thirty (30) days of the Event Date. The Deposit will be forfeited if the event is cancelled within fourteen (14) days of the Event Date. At the sole discretion of the City, the Clean-Up Deposit and/or Facility Damage Deposit will be forfeited or reduced if: (1) the clean-up of the facilities is unacceptable; (2) the facilities or any portion thereof is damaged, removed, or destroyed by acts or omissions of the Applicant, its vendor(s), guest(s) or invitee(s); or (3) the Applicant fails to comply with any other obligation under this Contract. 3. Vendor(s). As used in this Contract, the term “vendor” shall mean any person or entity who sells, exposes or offers for sale any food, beverage or merchandise. The Applicant shall provide to the City at least seven (7) days prior to the Event Date the name of the vendor(s) the Applicant will use in addition to any other information reasonably requested by the City regarding the Applicant’s use of the facilities. Each vendor must present a copy of their current business license to the City Revenue Department no less than three (3) days prior to the Event Date and indicate whether a power source will be required. City Revenue Department hours are Monday – Friday, 8:00 a.m. – 5:00 p.m. (251) 943- 1545. 4. Proof of Insurance. The City reserves the right to require the Applicant to provide a Certificate of Insurance listing the City, its officers, agents and employees as additional insureds and reflecting such types and amounts of insurance coverage as deemed necessary by the City, at its sole discretion. The Applicant shall notify the City immediately of any policy cancellation or changes in coverage as reflected on the Certificate of Insurance. 5. Prohibited Items. Alcoholic beverages, glass bottles, fireworks, fires, and/or grills are not permitted on the facilities. 6. Alterations; Loss or Damage to Facilities. The Applicant shall not alter the facilities in any manner without the City’s prior written approval, which approval may be withheld in the City’s sole discretion. All decorations to be installed in or upon the facilities must be approved by the City prior to installation. In no event shall the Applicant install decorations that will damage the facilities or any of its contents. The Applicant shall be responsible for and agrees to reimburse the City within thirty (30) days of invoice for any loss or damage to the facilities that exceeds the Facility Damage Deposit and that is caused in whole or in part by Applicant and/or any of Applicant’s vendor(s), guest(s) and/or invitee(s). Upon the completion of the Applicant’s event, the Applicant shall return the facilities and any adjacent areas incidentally used by the Applicant or its vendor(s), guest(s), or invitee(s) to the condition such facilities were in at the commencement of this Contract. Specifically, the Applicant shall be responsible for the clean-up of all facilities used by the Applicant, the removal of all food, drinks, decorations, and Page 249 of 258 6 other items brought to the facilities for the Applicant’s event, and the removal or placement of all trash and debris in the appropriate receptacle. APPLICANT HEREBY AGREES THAT THE USE AND OCCUPATION OF THE FACILITIES ARE ENTIRELY AT APPLICANT’S OWN RISK, AND THE CITY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, INJURY, LOSS (INCLUDING LOSS OF LIFE), OR THEFT OCCURRING ON, IN, OR ABOUT THE FACILITIES. APPLICANT HEREBY RELEASES THE CITY, ITS OFFICERS, PERSONNEL, AGENTS, EMPLOYEES, INSURERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, COSTS, EXPENSES AND LIABILITY OF EVERY KIND AND NATURE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, PERSONNEL, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IN CONNECTION WITH APPLICANT’S USE OR OCCUPATION OF THE FACILITIES. APPLICANT HEREBY AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, PERSONNEL, AGENTS, EMPLOYEES, INSURERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND LEGAL COSTS AND WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, PERSONNEL, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, ARISING FROM OR OUT OF ANY OCCURRENCE IN, UPON OR AT THE FACILITIES. THE APPLICANT SPECIFICALLY ASSUMES ALL RISK OF LOSS INCURRED BY IT OR ITS VENDOR(S), GUEST(S), OR INVITEE(S) RESULTING FROM THE USE OR OCCUPANCY OF THE FACILITIES. “AS IS, WHERE IS” condition, without warranty. Applicant does hereby acknowledge that Applicant, its vendor(s), guests(s) and/or invitee(s) are to use the facilities and all structures thereon in an “as is, where is” condition. Page 250 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2027-4 FROM: Lisa Hanks, City Clerk SUBJECT: Resolution: That the City Council adopts the following Street and Traffic Control Committee recommendations to add speed-calming devices on N. Ingleside between Winn Lane and Central Blvd.; and add a cross-walk with signage on Quail Creek Drive from the Cart Shop entrance to the entrance into the Clubhouse. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: City Council adopts the Street and Traffic Control Committee recommendations in resolution. 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 251 of 258 RESOLUTION NO. ________ NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council adopts the following Street and Traffic Control Committee recommendations to add speed-calming devices on N. Ingleside between Winn Lane and Central Blvd.; and add a cross-walk with signage on Quail Creek Drive from the Cart Shop entrance to the entrance into the Clubhouse. Page 253 of 258 Jenny Opa l Wilson From : Lisa A. Hanks, MMC Se nt: To: Cc: Wednesday, September 30, 2026 2:32 PM Stephanie Hollinghead ; Jenny Opal Wilson Natalie Fonseca Subj ect: RE : Council Agenda Fo llow Up Flag : Follow up Flag Stat us: Flagged Thank you. LISA A. HANKS, MMC/LGRC City Clerk City of Fairhope P . 0. Drawer 429 Fairhope ,AL 36533 251-928-2136 251-302-7552 (Fax) 6 '"~Z d1.,.1 B A~b From: Stephanie Hollinghead <Stephanie.Hollinghead@fairhopeal.gov> Sent: Wednesday, September 30, 2026 2:31 PM To: Jenny Opal Wilson <jenny.wilson@fairhopeal.gov>; Lisa A. Hanks, MMC <Lisa.Hanks@fairhopeal.gov> Cc: Natalie Fonseca <natalie .fonseca@fairhopeal.gov> Su bje ct : RE: Council Agenda Lisa, We had 2 recommendations to forward to Council from Traffic Committee meeting yesterday. I wasn't sure how this should be added to the agenda. 1) Add speed calming devices on N. Ingleside between Winn Lane and Central Blvd. They have requested a speed table instead of speed bumps . It has been explained to the residents there will be costs associated with that. We will get the quote and provide it to them . 2) Add a cross walk with signage on Quail Creek Drive from the cart shop entrance to the entrance into the clubhouse. Please let me know if I need to do something different. Thanks Stephanie 1 Page 254 of 258 From: Natalie Fonseca <natalie.fonseca@fairhopeal.gov > Sent: Wednesday, September 30, 2026 2:13 PM To: Stephanie Hollinghead <Stephanie.Hollinghead@fairhopeal.gov > Subject: RE: Council Agenda Good afternoon , Can you please send Lisa/Jenny the recommendations and CC me on the correspondence? I haven 't had a chance to listen to the meeting minutes yet to verify the specifics . Thank you, of fAl!J./t. '('flttBA~'t; -0 tl'i Natalie Fonseca Public Works Administrative Assistant Phone : 251-928-8003 natalie.fonseca@fairhopeal.gov 555 S Section St. Fairhope , A L 36532 PO Drawer 429 Fair hope , A L 36533 www .fairhope a l.gov From: Stephanie Hollinghead <Stephanie .Hollinghead@fairhopeal.gov > Sent: Wednesday, September 30, 2026 1:00 PM To: Natalie Fonseca <natalie.fonseca@fairhopeal.gov > Subject: Council Agenda Good afternoon There were 2 recommendations from the Traffic Committee to send the Council. Do I need to send them to Lisa or will you send them? Just want to make sure I don 't drop the ball. ~kg! 0/tej.Jlianie 9t:Jili,7;f /2ea<t Fairhope Police Department 251-928 -2385 Stephanie . holl ing head@fairhopeal .gov The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission , dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohib ited . If you received this message in error , please contact the sender and delete the mate rial from all computers . 2 Page 255 of 258 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2027-3 FROM: Lisa Hanks, City Clerk SUBJECT: Request: Ms. Marsha P. Jordan, Executive Vice President, Baldwin County Home Builders Association, requests permission to place tasteful directional signs to assist the public during the annual Parade of Homes for two weekends, October 17th-18th and 24th- 25th, 2026, to assist the public in finding the homes they wish to view. The signs will be picked up immediately after the parade concludes. AGENDA DATE: October 12, 2026 RECOMMENDED ACTION: City Council approval of request. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or Page 256 of 258 emailed): Page 257 of 258 ~ BALDWIN COUNTY HOME BUILDERS ASSOCIATION NAHB September 16 , 2026 Mayor Sherry Sulliva City of Fairhope 161 North Seer St. 916 Plantatio n Blvd ., Fairhope , AL 36532 Phone: (25 1) 928 -9927 • www.BCHBA .com Fairhope , Al ama , 36532 Dear Madam Mayor: National Association of Home Builders As you know , our organization is a trade association for the building industry and we are based in Fairhope . We are comprised of 890 companies and individuals representing 22 ,385 employees. Our members are builders , bankers , Realtors , carpenters , electricians , auto dealers , utility providers and a wide spectrum of profess ional service and material suppliers of the building industry . These members give back to their communities regularly in many ways . Our annual Parade of Homes is scheduled for two weekends , October 17 , 18 and 24 , 25 . We invite the public from all over to view our homes and learn of the many new techniques and products available that make homes safer and more energy efficient. The proceeds received from viewing our Showcase Home are given to local charities. We take pride in showing visitors the amenities our county offers. On behalf of our Board of Directors , I request permission to place tasteful directional signs to assist the public in finding the homes they wish to view . The signs will be picked up immediately after the parade concludes . Thank you in advance for your consideration . Sincerely , ~~r"' Marsha P. Jordan Executive Vice President Page 258 of 258