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05-22-2023 Council Packet
CITY OF FAIRHOPE CITY COUNCIL WORK SESSION AGENDA MONDAY, 22 MAY 2023 – 4:30 P.M. – CITY COUNCIL CHAMBER 1. Presentation by Ashton Sawyer, Eagle Scout Project, Beach Tree Trail 2. 6-Month Financial Review 3. Discussion for Beach Volleyball 4. Committee Updates 5. Department Head Updates City Council Agenda Meeting – 5:30 p.m. on Monday, May 22, 2023 – City Council Chamber Next Regular Meeting – Monday, June 12, 2023 – Same Time Same Place 001 CITY OF FAIRHOPE CITY COUNCIL AGENDA MONDAY, 22 MAY 2023 - 6:00 P.M. – CITY COUNCIL CHAMBER Invocation and Pledge of Allegiance 1. Approve minutes of 08 May 2023 Regular City Council Meeting and minutes of 08 May 2023 Work Session. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Resolution – Appointment of Municipal Judge – Haymes Snedeker The Honorable Jody W. Bishop, Circuit Judge, 28th Judicial Circuit, State of Alabama 6. Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 Request of Applicant, Clifford Street, Jr., acting on behalf of the Owner, Clifford Street and Jean Street as Trustees of the Street Living Trust Dated July 27, 2005, to rezone property from R-1, Low Density Single-Family to Highway Transitional District (HTD). The property is approximately 3.54 acres and is located on the west side of Greeno Road, on either side of the eastern terminus of Farringdon Boulevard. PPIN Numbers: 267236, 257637, 356677 and 356679. 7. Site Plan Review and Approval - Request of Applicant, Jade Consulting, LLC, acting on behalf of the Owner, Encounter Development, LLC., for Site Plan Approval of WAWA. The property is approximately 2.73 acres and is located on Northeast corner of State Highway 181 and State Highway 104. PPIN Number 108453. (Planning Commission unanimously recommends approval of SR 23.04.) 8. Resolution - Mayor Sherry Sullivan is authorized to execute Extension No. 1 to (Bid No. 028-22) Disaster Debris Removal and Disposal to CrowderGulf, LLC with all terms and conditions of award until July 31, 2024. 9. Resolution – Mayor Sherry Sullivan is authorized to execute Amendment No. 1 to (Bid No. 23-015) Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course to Jerry Pate Company for an additional $11,682.25, total not-to-exceed $41,778.75. 10. Resolution – To award (Bid No. 23-022-2023-PW-010) Repair and Replacement of Modified Bituminous and Gravel Roof at City Hall/Civic Center to Finishing Solutions with total not-to-exceed $554,654.00. 11. Resolution – To award (Bid No. 23-025-2022-PWI-007) Fairhope Clock Plaza to RH Deas Building Co., LLC with total not-to-exceed $282,211.00, which includes a 10% contingency and Alternate 01. 002 City Council Meeting 22 May 2023 Page –2– 12. Resolution - To award quote for procurement and installation of Ten (10) Foot Dump Body on an International 4300 Truck to Truck Equipment Sales, Inc. with total not-to-exceed of $21,882.00. 13. Resolution - To approve the procurement for Intelligence-Led Policing Sensor Kits for the Police Department from ProTecVideo, LLC as sole source provider of the tag.NET program; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). Total will not-to-exceed $20,000.00. 14. Resolution – To approve and authorize Mayor Sherry Sullivan to execute a Memorandum of Agreement between the Alabama Law Enforcement Agency and the City of Fairhope Police Department to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children Task Force to combat exploitation of children through the use of the internet and other electronic means. 15. Resolution – To apply for grant funding under the Alabama Recycling Fund in support of the Baldwin County Material Recovery Facility; and all grant funds awarded by said application will be given to the Baldwin County Commission or Baldwin County Solid Waste for exclusive purpose of supporting the Baldwin County Material Recovery Facility. 16. Resolution – Mayor Sherry Sullivan is authorized to execute the First Amendment to the Structure Lease Agreement as presented between the City of Fairhope and New Cingular Wireless PCS, LLC, leased area at 590 Nichols Avenue, Fairhope, Alabama 36532. 17. Public Participation – (3 minutes maximum) 18. Adjourn Next Regular Meeting – Monday, June 12, 2023 – Same Time Same Place 003 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 8 May 2023. Present were Council President Jay Robinson, Councilmembers: Jack Burrell, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Corey Martin was absent. There being a quorum present, Council President Robinson called the meeting to order. The invocation was given by Dr. Eric Hankins of First Baptist Church Fairhope and the Pledge of Allegiance was recited. Councilmember Conyers moved to approve minutes of the 24 April 2023, regular meeting; and minutes of the 24 April 2023, work session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and recognized May as National Tennis Month with a proclamation. Tomas Catar (Tennis Professional) and Mary Gammer (tennis member) accepted the proclamation. Mr. Catar thanked the Mayor Sullivan and City Council for their support; and commented we have a great Tennis Center. Mayor Sullivan recognized the Alabama Municipal Electric Authority (“AMEA”) Scholarship recipients for 2023 with each receiving $2,500.00. To be eligible for an AMEA scholarship, a student’s parent and/or legal guardian must receive electric services from an AMEA Member utility, and the student must attend a four-year college/university, community college, and/or vocational school within the State of Alabama. The AMEA scholarship recipients are Delaney Shawn Hart, Brayden Alberto Mahateker, Hannah Maren Markioli, and Richard Winston Smith, Jr. Mayor Sullivan said she attended the Power Supply Conference last week and the Fairhope Public Utilities were recognized for their reliable Electric service; and were also nationally recognized by the American Public Power Association (“APPA”) for cost effective reliable service. Mayor Sullivan also recognized the Junior City Councilmembers and the efforts throughout this year; and for their dedication to the City of Fairhope. She gave plaques to the senior members: Ava Cocke and Ellery Scott. She said the other two seniors would be given their plaques at a later date. 004 8 May 2023 The following individuals spoke during Public Participation for Agenda Items: 1) Jimmy Prestwood, Board President of the Eastern Shore Art Association d/b/a Eastern Shore Art Center, addressed the City Council regarding Agenda Item Number 19: a request for the use and closure of Oak Street between Section and Bancroft Streets for their annual fundraiser event,“5th Annual White Linen Night,” on May 18, 2023 from 5:00 p.m. to 11:00 p.m.; and permission to serve alcohol during this event. Councilmember Burrell stated he was glad to hear Richard Johnson’s roof presentation; and the reduction in costs. Councilmember Conyers commented about the Eastern Shore Repertory Theatre’s production of Beauty and the Beast; and said it was a great show. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution the City Council approves the Compensation and Job Classification Plan for the Snack Bar Crew Leader, Grade of Pay 5 and to defund one Snack Bar Attendant position, Grade of Pay 3 in the Golf Department. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4740-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the Compensation and Job Classification Plan along with the Grade Order Sheet be amended and approved to fund and defund specific job positions in the Golf Department; and the job descriptions and grade of pay for same: Fund: Job Positions Grade of Pay Snack Bar Crew Leader 5 Defund: Snack Bar Attendant 3 ADOPTED THIS 8TH DAY OF MAY, 2023 _________________________________ Jay Robinson, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk 005 8 May 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution with additional items, a resolution that certain items are declared surplus and the Mayor and City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the three methods listed on the resolution. Council President Robinson read the additional items to be added to the surplus list. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 4741-23 WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: [SEE ATTACHED LIST OF EQUIPMENT] SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by 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 8TH DAY OF MAY, 2023 ________________________________ Jay Robinson, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk 006 8 May 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between AltaPointe Health Systems, Inc. and the Fairhope Police Department for administration of pre-employment screenings. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. 007 8 May 2023 RESOLUTION NO. 4742-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between AltaPointe Health Systems, Inc. and the Fairhope Police Department for administration of pre- employment screenings. ADOPTED ON THIS 8TH DAY OF MAY, 2023 ______________________________ Jay Robinson, 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 Municipal Lease Agreement between the City of Fairhope, Alabama (“Tenant”) and 329 S Greeno, LLC (“Landlord”) for use of the Suite A, or front portion of the Building A one-way exit through Suite B or the rear portion of the Building shall be available to Tenant as an emergency. The Building is located at 329 South Greeno Road, Fairhope, Alabama consisting of approximately 12,000 square feet. Seconded by Councilmember Boone, motion passed unanimously by voice vote. * * * * 008 8 May 2023 RESOLUTION NO. 4743-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Sherry Sullivan is hereby authorized to execute a Municipal Lease Agreement between the City of Fairhope, Alabama (“Tenant”) and 329 S Greeno, LLC (“Landlord”) for use of the Suite A, or front portion of the Building A one-way exit through Suite B or the rear portion of the Building shall be available to Tenant as an emergency. The Building is located at 329 South Greeno Road, Fairhope, Alabama consisting of approximately 12,000 square feet, together with all of the common areas, appurtenances, privileges, licenses, and easements pertaining thereto. Tenant shall pay rent to Lessor of seven thousand five hundred ($7,500.00) dollars per month with an annual three percent (3%) increase on each anniversary of the Commencement Date. The term of the lease shall be 48 months commencing on the Commencement Date, unless earlier terminated as provided in lease. Tenant shall have access to Premises during business hours beginning 60 days prior to Commencement date for Tenant Improvements and installation of Tenant’s furniture, fixtures and equipment, cabling, security, etc. All other terms and conditions are set forth in the lease agreement. Adopted on this 8th day of May, 2023 _______________________________ Jay Robinson, 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 O’Donnell & Associates, Inc. to perform Professional Services for Professional Hydrogeologic and Environmental Services for Well Fields 1, 3, and 4 (RFQ PS23-020) with a not-to-exceed amount of $16,200.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. 009 8 May 2023 RESOLUTION NO. 4744-23 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 O’Donnell & Associates, Inc. to perform Professional Services for Professional Hydrogeologic and Environmental Services for Well Fields 1, 3, and 4 (RFQ PS23-020) with a not-to-exceed amount of $16,200.00. DULY ADOPTED THIS 8TH DAY OF MAY, 2023 _______________________________ Jay Robinson, 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 O’Donnell & Associates, Inc. to perform Professional Services for Remote Groundwater Level Monitoring as part of the Fairhope Water System Planning Project Phase 1 (RFQ PS23-021) with a not-to-exceed amount of $13,500.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4745-23 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 O’Donnell & Associates, Inc. to perform Professional Services for Remote Groundwater Level Monitoring as part of the Fairhope Water System Planning Project Phase 1 (RFQ PS23-021) with a not-to-exceed amount of $13,500.00. DULY ADOPTED THIS 8TH DAY OF MAY, 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk 010 8 May 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution the City Council approves the selection of Cavanaugh MacDonald Consulting, LLC to perform Professional Consulting Services to Prepare Actuarial Valuation for the City’s OPEB Liability for fiscal year ending 09-30-23, and hereby authorizes Mayor Sherry Sullivan to execute a Contract with an estimated amount of $10,000.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 4746-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves the selection of Cavanaugh MacDonald Consulting, LLC to perform Professional Consulting Services to Prepare Actuarial Valuation for the City’s OPEB Liability for fiscal year ending 09-30-23, and hereby authorizes Mayor Sherry Sullivan to execute a Contract with an estimated amount of $10,000.00. DULY ADOPTED THIS 8TH DAY OF MAY, 2023 ________________________________ Jay Robinson, 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 Amendment No. 1 to the Contract for Professional Engineering Services for Asbestos Inventory and Abatement Plan at the K-1 Center (RFQ PS022-22) with Southern Earth Sciences, Inc. to add additional services in the amount of $12,450.00 which increases the not-to-exceed amount limit to $22,850.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 011 8 May 2023 RESOLUTION NO. 4747-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Amendment No. 1 to the Contract for Professional Engineering Services for Asbestos Inventory and Abatement Plan at the K-1 Center (RFQ PS022-22) with Southern Earth Sciences, Inc. to add additional services in the amount of $12,450.00 which increases the not-to-exceed amount limit to $22,850.00. DULY ADOPTED THIS 8TH DAY OF MAY, 2023 ______________________________ Jay Robinson, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Amendment No. 2 to the Contract for Archaeology Monitoring for the Arts Alley Transit Hub Project (RFP No. 005-20) with TerraXplorations, Inc. to add additional services in the amount of $25,000.00 which increases the not-to-exceed amount limit to $45,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4748-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Amendment No. 2 to the Contract for Archaeology Monitoring for the Arts Alley Transit Hub Project (RFP No. 005-20) with TerraXplorations, Inc. to add additional services in the amount of $25,000.00 which increases the not-to-exceed amount limit to $45,000.00. DULY ADOPTED THIS 8TH DAY OF MAY, 2023 ______________________________ Jay Robinson, Council President Attest: ____________________________ Lisa A. Hanks, MMC City Clerk 012 8 May 2023 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to Award Bid for Spray Foam Insulation at Recreation Center Gymnasium for the Recreation Department (Bid No. 23-020) to APC Spray Foam, LLC with a total bid cost of $88,783.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4749-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for Spray Foam Insulation at Recreation Center Gymnasium (Bid No. 23-020) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, a bid was received and tabulated as follows: APC Spray Foam, LLC $ 88,783.00 Builder Service Group, Inc. d/b/a Coastal Insulation $110,307.00 [3] After evaluating the bid with the required specifications, APC Spray Foam, LLC is now awarded (Bid No. 23-020) for Spray Foam Insulation at Recreation Center Gymnasium with a total bid proposal not-to-exceed $88,783.00. ADOPTED ON THIS 8TH DAY OF MAY, 2023 _______________________________ Jay Robinson, 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 Amendment No. 1, Option No. 1, for (Bid No. 23-009) Founders Park Athletic Track and Additional Parking Project for the replacement of the 720 ± linear feet that has failed with a cost of $235,224.70 with McElhenney Construction. The new contract total will be $2,715,904.75. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 013 8 May 2023 RESOLUTION NO. 4750-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Amendment No. 1 Option No. 1 for (Bid No. 23-009) Founders Park Athletic Track and Additional Parking Project for the replacement of the 720 ± linear feet that has failed with a cost of $235,224.70 with McElhenney Construction. The new contract total will be $2,715,904.75. Adopted on this 8th day of May, 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 23-012-2023-PWI-008) Roadway and Parking Improvements Project at Volanta Sports Park with a cost of $10,119.55 and to award Change Order No. 1 to McElhenney Construction Company. The new contract total will be $467,579.26. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 4751-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 23-012-2023-PWI-008) Roadway and Parking Improvements Project at Volanta Sports Park with a cost of $10,119.55 and to award Change Order No. 1 to McElhenney Construction Company. The new contract total will be $467,579.26. ADOPTED ON THIS 8TH DAY OF MAY, 2023 _______________________________ Jay Robinson, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk 014 8 May 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Sherry Sullivan to inform and submit the Municipal Water Pollution Prevention Program (MWPP) Report for 2022 to the Department of Environmental Management. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4752-23 MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to inform the Department of Environmental Management that the following actions were taken by the City Council of the City of Fairhope, Alabama. 1. Reviewed the MWPP Annual Report which is attached to the resolution. 2. Set forth the following actions and schedule necessary to maintain effluent requirement contained in the NPDES Permit, and to prevent the bypass and overflow of raw sewage within the collection system or at the treatment plant: (a) Continue to locate and repair breaches in the collection system that allow infiltration and flow into the wastewater system. (b) Continue to upgrade transmission capacity to keep pace with growth. (c) Continue to develop maintenance alarms within the SCADA System that encourage a proactive maintenance response to prolong the useful life of pumps and motors in the system. (d) Use the SCADA System using system storage and future side stream storage systems when available. (e) Continue to perform O & M requirements to the treatment and collection system and complete repairs when discovered. Adopted this 8th day of May, 2023 __________________________________ Jay Robinson, Council President Attest: __________________________________ Lisa A. Hanks, MMC City Clerk 015 8 May 2023 Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes and approves the request from the Fairhope Avenue Merchants to close Fairhope Avenue from Section Street to Church Street for “First Friday Artwalk” at 5:00 p.m. and reopen after Artwalk. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Robinson stated this was a test and we will monitor for at least three months. He said we need to keep an eye on it. RESOLUTION NO. 4753-23 BE IT HEREBY RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes and approves the request from the Fairhope Avenue Merchants to close Fairhope Avenue from Section Street to Church Street for First Friday Artwalk at 5:00 p.m. and reopen after Artwalk. BE IT FURTHER RESOLVED, That all streets that are closed for First Friday Artwalk are intended for pedestrians safety and our Downtown Merchants, therefore, no other merchants, vendors, etc. shall set up on City streets or sidewalks. Bands are approved on private property. ADOPTED ON THIS 8TH DAY OF MAY, 2023 _______________________________ Jay Robinson, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers moved to grant the request of James Prestwood, Board President of The Eastern Shore Art Association d/b/a Eastern Shore Art Center requesting the use and closure of Oak Street between Section and Bancroft Streets for their annual fundraiser event,“5th Annual White Linen Night,” on May 18, 2023 from 5:00 p.m. to 11:00 p.m.; and permission to serve alcohol during this event. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. 016 8 May 2023 Councilmember Burrell moved to reappoint Lisa Atchley and Scott Berry to the Recreation Board for a five-year term which will expire May 2028. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. No one spoke during Public Participation for Non-Agenda Items. At the request of the City Attorney, Marcus E. McDowell, the City Council will rise from the meeting to go into Executive Session based on Section § 36-25A- 7(a)(3) to discuss legal ramifications of and legal options for pending litigation; and controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action; and 36-25A-7(a)(6) to discuss the consideration the City is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property. Provided, however, that the material terms of any contract to purchase, exchange, or lease real property shall be disclosed in the public portion of a meeting prior to the execution of the contract. The approximate time to be in Executive Session is 45 minutes. Councilmember Burrell moved to go into Executive Session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Exited the dais at 6:37 p.m. Returned at 7:10 p.m. Councilmember Boone 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 7:10 p.m. Jay Robinson, Council President ________________________________ Lisa A. Hanks, MMC City Clerk 017 STATE OF ALABAMA ) ( : COUNTY OF BALDWIN ) ( The City Council met in a Work Session at 4:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 8 May 2023. Present were Council President Jay Robinson (arrived at 4:45 p.m.), Councilmembers: Jack Burrell, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Corey Martin was absent. Council President Jay Robinson called the meeting to order at 4:45 p.m. The following topics were discussed: • The first item on the agenda was the Discussion to Repair and Replace Roof at City Hall/Civic Center. Public Works Director Richard Johnson presented a Power Point Presentation and explained the need for the repairs. (See attached handout) Mr. Johnson said there were no hard A&E costs, and Public Works will manage the project. Councilmember Burrell said Mr. Johnson did a phenomenal job. Councilmembers Conyers and Boone said he did a great job. Mr. Johnson stated this was a group effort; and thanked Assistant Public Works Director George Ladd. Council President Robinson commented this will prompt us to say what is next for the building; and also said he did a great job. • Public Works Director Richard Johnson began the Discussion of Clock Corner Project. He said City staff will do all electrical, irrigation, and plantings. Mr. Johnson said the pedestrian crossings need signals; and he will come back at a later date to discuss those. After contracts are signed, the timeline to start will be around mid- June. He said the total price is $282,011.00 with RH Deas Building, LLC being the lowest responsive bidder. • Councilmember Burrell commented the Airport Authority meets tomorrow. • Council President Robinson said the Historic Preservation Committee met; and discussed the draft Historic Preservation Ordinance. Council President Robinson briefly went through the Agenda Items and who would explain if needed. • Public Works Director Richard Johnson addressed the City Council and explained Agenda Items No. 6, No. 12, No. 13, No. 15 and No. 16; and answered any questions if needed. He explained No. 15 in detail with the two additional options for the drainage pipe. Council President Robinson questioned how to handle overage in the future. Mr. Johnson replied he thought this was covered in the budgeted amount. Councilmember Boone explained the reason for the additives and the need to move forward. 018 Monday, 8 May 2023 Page -2- • Recreation Director Pat White addressed the City Council regarding Agenda Item No. 14; and answered any questions if needed. • Golf Director Bobby Hall addressed the City Council regarding Agenda Item No. 5; and answered any questions if needed. • Assistant Wastewater Superintendent Tim Manuel addressed the City Council regarding Agenda Items No. 9, No. 10, and No. 17; and answered any questions if needed. • Human Resources Director Cory Pierce addressed the City Council and gave a snapshot for January 1, 2023 through May 1, 2023 at Worker’s Compensation and we have a savings of $97,000.00. Mr. Pierce stated that he and Wes Boyett would be going to Robertsdale for internship program for Gas Department. He commented they have two great candidates. • Community Development Director Paige Crawford and Lieutenant Shane Nolte addressed the City Council regarding Agenda Item No. 18; and answered any questions if needed. Ms. Crawford stated the majority of the business owners are in favor of closing Fairhope Avenue. Lt. Nolte commented they checked alcohol and electricity but alcohol is not allowed outside the business. Council President Robinson said he heard a little on both sides; and signatures need to be the business owners. Councilmember Burrell stated that Bone and Barrell was a strong no. Council President Robinson said he was not convinced this will be long term due to Fairhope Avenue being a thoroughfare through downtown. Mayor Sullivan suggested trying for three months. Ms. Crawford said we need to see if De La Mare is still an issue during the event. • Lieutenant Shane Nolte addressed the City Council regarding Agenda Item No. 19; and answered any questions if needed. • Public Works Director Richard Johnson addressed the City Council regarding the City Landfill Drop Off Policy and explained the updates to same. Councilmember Conyers questioned the landfill and need to close. Mr. Johnson stated we will close our business when the landfill is closed; and commented C & D landfills are now limited. Councilmember Burrell questioned paint drop off and possibly needs to be revised. There being no further business to come before the City Council, the meeting was duly adjourned at 5:57 p.m. _________________________________ Jay Robinson, Council President ________________________________ Lisa A. Hanks, MMC City Clerk 019 RES OLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that HAYMES SNEDEKER is hereby appointed as Municipal Judge. The term of the Municipal Judge shall serve a two-year term (June 1, 2023 -June 1, 2025) and until a successor is elected by the council and qualified. Section 12-14-30 , Code of Alabama, 1975 . ATTEST: Lisa A . Hanks , MMC City Clerk ADOPTED 22ND DAY OF MAY, 2023 Jay Robinson , Council President 020 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005 , together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below : After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Clifford M. Street, Jr . and Kendall Charles Street, as co-trustees of the Street Living Trust (containing 3 .5 acres, more or less, and zoned R-1) is generally located on the west side of Greeno Road, north of Manly Road . Farringdon Blvd runs between the parcels. PPINS # 267236, 257637, 356677, 356679 Legal Description: (Case number ZC 22 .16) Parcels ("Lots") 1-3 as recorded on the Street 's Connercial Park rep lat on Slide 2512-A and Lot IA and 2A as recorded on a Re-Plat of Lots 1 and 2 of the Street's Commercial Park as recorded on Slide 2886-D Beginning at the southeast corner of Huntington Subdivision, Phase one as recorded on slide 2184-D in the Office of the Judge of Probate, Baldwin County, Alabama; thence run N-01 ° 14 ' 37"-E, along the east property line of said subdivision, 522.86 feet to a point located on the south right of way line ofFarringdon Boulevard ; thence run S-89 ° 41 ' 25"-E, a long said south right of way line, 212.67 feet to a point; thence run along said south right of way line and along a curve to the right having a radius of25.00 feet , a chord bearing ofS-44° 08 ' 30"- E, and a chord d istance of35.65 feet to a point located on the west right of way line of U.S. Highway 98; thence run S-01 ° 19 '45"-W, along said west right of way line , 492 .7 1 feet to a point; thence run S-89° 10 '23"-W, leaving said west right of way line, 237.44 feet to the point of beginning; containing 123,567 sq. ft.±, or 2.84 acres±. Parcel 4 Commencing at the center of Section 29, Township 6 South, Range 2 East, Baldwin County, A labama; thence run N 00 degrees 09 minutes 52 seconds east, a long the north-so uth half section line 1325 .29 feet to a point; thence run north 89 degrees 43 minutes 57 seconds east, 1328.17 feet to a point; thence run north 89 degrees 41 minutes 38 seconds east, 928 .8 1 feet to a point; thence run south 00 degrees 19 minutes 47 seconds east, 586.93 feet to the point of beginning; thence run south 89 degrees 11 minutes 01 seconds east, 244.14 feet to a point on the west right-of-way of U .S. Highway Number 98; thence run south 01 degrees 19 minutes 38 seconds west, along said west right-of-way of U.S. Highway Number 98 , 119.71 feet to a point; thence run southwesterly, leaving said west right-of-way of U.S. Highway Number 98 and along a curve to the right having a radius of 25.00 feet, a delta angle of 88 degrees 53 minutes 22 seconds, a chord of which bears so uth 45 degrees 46 minutes 19 seconds west a distance of 35.01 and an arc distance of 38 .79 feet to a point on the north right-of-way of Farringdon Boulevard ; thence run north 89 degrees 47 minutes 00 seconds west along said north right-of-way of Farringdon Boulevard, 215.41 feet to a point; thence run north 00 degrees 19 minutes 47 seconds west leaving said north right-of-way ofFarringdon Boulevard , 146.76 feet to the point of beginning. A map of the property to be rezoned is attached as Exhibit A. 021 The property is hereby rezoned HTD, Highway Transitional District. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No . 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any struc ture shall be approved by the Building Official of the City of Fairhope and that any struc ture be erected only in compliance with such law s, including the requirements of Ordinance No. 1253 . Severability Clause -if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holdin g. Effective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law . Adopted and approved this 22nd day of May, 2023 Attest: By: _________ _ Lisa A. Hanks . MMC City Clerk By: __________ _ Jay Robinson, Council President Adopted and approved this 22 nd day of~, 2023 By: __________ _ Sherry Sullivan, Mayor 022 Exh ibit A ORDINANCE NO. !1fil: AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The ordinance known as the Zoning Ordinance (No . 1253), adopted 27 June 2005, is changed and altered as described below; WHEREAS, the City ofFairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments rel ale lo the establishment of the Highway Transitional District ; and , WHEREAS, after the appropriate public notice and hearing of ZC 21.02, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; 1. THAT, Article V, be hereby amended to add the following : I. HTD -Highway Transitional District I. Intent -The special standards listed in this section for the highway transitional district are intended lo : • Provide an alternative to properties along state highways within the City of Fairhope that are beyond the area of influence of the Village No des and Commercial Nodes as contemplated by the City of Fairhope Co mprehensive Plan. • Provide development opportunities consistent with the City 's vision/or commerc ial corridors to better serve community needs. • Unlike other districts within this section , the HTD is not an overlay district and does not affect any property owne rs , other than those who voluntarily apply for rezoning to this district . 2 . Size -Lots shall be a minimum of 20,000 sf and under 3 acres. 3. Use-Uses/or the HTDare listed in Table 3-1 : Use Table. Rezoning to HTD may be co ndit ioned so that uses permitted on appeal require a site plan. 4. Location -Eligible lots must have minimum of 100 feet on one s ide fro nting th e rights-of way of US Highway 98, A labama Highway 104, or Alabama Hig hway 181 and lie within the Corporate Jurisdiction of the C ity of Fairhope. 5 . Dimension Standards - a . Lot frontage shall be adjacent to th e highway. b. Se tbacks i. Front Setback shall be 20 '. ii. Rear Se tback shall be 20 '. iii. S ide se tbacks shall be 10 ·. c . Building Height i . Maximum Heig ht is 30 ·. ii . A mixed-use building may have a height of 35 · if it contains both residential and commercial space. The res idential us must make up at least 33% of the total area of th e building and the located on the second and/or third floor, and retail or office space must make up at least 50% of the total area of the building and be located on ground and/or second.flo or. 023 Exhibit A Ordinance No . 1702 Page -2- d. Parking i. Parking shall be located behind the front building lin e. e. Any freestanding single-use or tenant retail building hall not have a building footprint larger than 8,000 square feet . f. All lands within twenty (20) feet of the boundaries of U.S. Highway 98. Alabama Highway 104, and Alabama Highway 18 1 within the corporate limits of the City of Fairhope are required to be reserved by owners or developers of such lands as greenspace and tree protection zones. The required greenspace may include land as required by the front setback. 1. Where no vegetation, other than grass exists, new landscaping and plantings shall be installed at time of development within the 20-foot s trip that meet the requirements of the City of Fairhope Tree Ordinance and receives approval by the City Horticulturis t; otherwise the land may be left in its natural state and enhanced with th e addition of trees and s hrubs . g. Any future rezoning to HTD may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., e tion I. 1. of the Zoning Ordinance are achieved. h. For the purposes of Article JV, Section B.2.b. and the screening requirements of the City of Fairhope Tree Ordinance, the Highway Transitional District shall be considered commercial/business regardless of use. 2. THAT, Article Ill , Section B. Table 3-1 : Use Table, be hereby amended to add a column to read as follows : HTD Uses Permilled subject to general ordinan ce standards and conditions: Single- family, Two-family, Townhouse , Mixed-use, Elementary School, Secondary School. Education Facility, Library, Public Open Space, Common Open Space. General Office , Professional Office , Day Care , and Bed & Breakfast. Uses Permilled subject to special conditions listed in the ordinance : Acces ory Dwelling, Hom e Occ upation, and Convenience Store . Uses Permilled only on appeal and subject to special condition s: M11/tiple- fami/y/Apartm ent , Place of Worsh ip. Cemetery, Hospital, Community enter or Club , Public Utility , General Merchandise , Outdoor Sales Limited, Garden enter. Convalescent or Nursing Hom e, Clinic, Outdoor Recreat ion Facility . Mortuary or Funeral Hom e, and Limited Manufacturing. 3. THAT , Article 111 , Section B. Table 3-2: Dimension Table, be hereby amended to add a row to read as follows: HTD -Se~ Article V., Secti on f. 024 II Ordinance No . 1702 Page -3 - Severabillty 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 notwithstandin g such holding. Effective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law . Adopted and approved this 22nd day of February. 2021. Attest: ~·4/U..-isa.Hanks.MMC City Clerk Adopted and approved this 22nd day of February, 2021. 025 Exhibit a Article Ill Zoning District s Zonin g Di stric1 Uses Categories / Soec ifi c Uses Dwe lline Sin ele-famil v Two-farnilv Townhouse Pati o Home Muhiole-fa mil v / Aoartment Manufactured Home Mixed-use Accessory Dwe llin J?; Estate Ci,ic Elementarv Schoo l Secondarv School Educati on Faci lirv Librarv Place of Worshio Cemetery Hoso ita l Publi c 01Jen Snace Common Onen Snace Communirv Center or C lub Pub li c Uti li tv Office General Pro fess ion a l Home Occupation Retai l Grocery Conven ience Store Genera l Merchand ise Shoooine Center Automobi le Serv ice S1a 1ion Outdoor Sa les Limited Outdoor Sales Lot Garden Center Service Conva lescen1 or Nursin e Home Cli nic Outdoor Rec rea tion Facilitv Da v Care General Persona l Service s Mortuarv or Fun era l Home Aut omobi le Reoair Indoor Re creation Drv Cleane r I Lau ndrv Personal Storage Bed & Breakfast Hot el / Motel Boardine House or Dormitorv Recreational Vehic le Park Re staurant Bar Entertainment Venue Marina Kenn e l or An ima l Hosn ita l Warehouse Junk Yard or Sa lvaee Ya rd Manufacturinrr Limited Li e ht General Food Processine Rural Agricu lrure Rural Market Plant Nurserv u .,; i= ~ -:: -N ,.., "' « « « • • • • • • • • • • • • 0 0 0 • • • • • • 0 0 0 0 0 0 0 • • • • 0 0 0 0 0 0 0 0 0 0 0 0 • • • • Permitted subject to genera l ordin ance standards and conditions. 3 Permitted subject to spec ial cond i1i ons listed in the ord ina nce 0 Permitted on ly on appeal a nd subject to specia l cond itions FA IRHOPE ZON ING ORDINANCE 19 Ta bl e 3-1: Use ta bl e :c ~ ,.., ,.., 'f "' ~ « « "' ~ ~ • • • • • • • • • • • • • • • • • • • • • • • 0 0 0 • • • • • • 0 0 0 0 0 0 0 0 • • • • • 0 0 0 0 0 0 0 0 0 0 0 0 Sec tion B All owed Uses " ~ Cl ::e u u Cl N ,.., 'f -N ::, "' > > .... d, d, d, co "' i i 0.. > z u :c • • • • • • • • • • • • • • • • • • • • • 0 0 • • • 0 • • • • • • • • • • • • • • • • • • • • • • • • • " • • • • u C • • • • • • • "' • • • C • • • • • ~ • • • 0 • • • • • • • • • • • :s • ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 • • • • • • al • • • • • • • • • • e • • • • 0 0 0 0 0 Q. 0 0 0 0 0 0 0 0 0 0 0 ] 0 0 0 0 ~ • • • • • • .fl • • • C • • • • • • a • • • • • • • • " • • • • ..c !l • • • • • en • • C • • • • • ~ • • • • • • • • 0 • • 0 • g 0 0 0 0 C "' • • 0. 0 0 0 c 0 0 0 0 0 0 E 0 0 0 0 Q. 0 0 0 0 -;; 0 0 0 0 0 0 i .,, • • 0 0 0 0 0 0 " 0 0 0 C 0 0 • 0 0 0 0 0 0 0 0 0 0 0 0 0 1 • • • • • • • .r, • • 0 0 0 0 al 0 0 0 "' • • • ·1 0 0 • • 0 • • • • • 0 0 0 2 0 0 0 • • 0 0 ~ 0 0 • • 0 • • • u 0 • • ·~ • • • • • c.i • • • • • • 0 0 • 0 • 0 ::, • • 0.. • 0 • " • • -5 • 0 0 ·= 0 0 0 0 0 ~ 0 0 0 0 0 ~ • • 0 0 0 0 • • • • 0 • • 0 • 0 026 City of Fairhope Planning Commission December 5, 2022 Planning Commission unanimously (8 Ayes , 0 Nays) voted to recommend approval of ZC 22.16. ZC 22.16 -Street Property, Rezoning Project Name: Street Property Site Data: 3.5 acres f'roject Type: 4 Lot Rezoning Jurisdiction: Fairhope PlanningJurisdiction Zoning District: R-1 PPIN Number: 267236,257637,356677,356679 General Location : West side of Greeno Road, North of Manly Road . Farringdon Blvd runs between the parcels Surveyor of Record: Engineer of Record: Owner I Developer: Street, Clifford Etal Jean School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation : Approval Prepared by: Michelle Melton Legend Roads C Parcels ZoningDistr ict 2:onln<.iClanlfkatlon PUD • Planned Unit Development R-1 -Low Density Single-Family Planning Jurisdiction 0 ao:: 0::0 oz zW WW w 0:: 0:: C) C) 0:: 0 w ...... ----------1 ~ C. 027 Page 4 of 6 RECEIVED OCTJF~~ BY:_~~~-- APPLICATION FOR ZONING DISTRICT CHANGE Applicant / Agent Information If different from above. Name: owner is requir ed if an agent is use d for represemn, c:-" c;,7 .-"--'--4=--'-.f...14',,._J..J..~9-,--....::i.._l->-Pho e Number: J2s5] -~ -=:, f ..1_ Street City: Zip: \(t,S 3r:J.- Current Zoning of Property: g -\ ~ Proposed Zoning/Use of!i Property:~~!) Ii I Property Address: t) St';"' ~ ==~~ bi,-~,_e\-iq\~ £G ~ et' Ml K."1 Parcel Number: J. l 2 1 1 'J r 3 7 Property Legal Description: Reason for Zoning Change: Pro ¥' SS ,'c.}/\J o --£-C ,'c_e,, Property Map Attached Metes and Bounds Description Attached 6i)No @No N runes and Address of all Real Property Owners within 300 Feet of Above Described Property Attached. ~ NO Character of Improvements to the Property and Approximate Construction Date: ~•---- Zoning Fee Calculation: Reference: Ordinance 1269 I certify that I am the property owner /leaseholder of the above described property and hereby submit this application to the City for review. *If property is owned by Fairhope Single Tax Co . authorized Singl :rax representative shall sign this appl.ication. ~"..j/::::.::..L.L.l.J;;::j::J~-++-~C~"'L..I..."'uv~J'.:..:..:.... ,J'hs_.\--li_i'cJ-__ ~_r_L ------ Signature Date Fairhope Single Tax Corp . (If Applicable) 028 Summary of Request: Applicants, Clifford M . Street, Jr. and Kendall Charles Street, as co-trustees of the Street Living Trust, request the subject property be rezoned from R-1, Low Density Single Family Residential District to Highway Transitional District ("HTD"). The property consists of four (4) parcels (PPINs: 267236, 257637, 356677, and 356679) totaling+/-3.5 acres. The parcels straddle the entrance to Huntington Woods on Farringdon Boulevard , off of South Greeno Ro"ad (US Hwy 98). There is one (1) parcel located north of Farringdon Boulevard and the rest are situated south of Farringdon Boulevard . See below. Applicants contend that the property is better suited for commercial/business use , which is the intent of the Highway Transitional District, rather than as residential use. Moreover, some of the parcels are taxed as commercial by the Baldwin County Revenue Commission . Applicants would like the opportunity to potentially build office space(s) on the parcels justifying their request. This is merely the rezoning request and there are no imminent plans for development at this time. Site History: Three (3 ) of four (4) of the parcels are currently vacant. Th e southernmost parcel has a well -established ice mach i ne located on its South Greeno Road facing side . The ice machine was placed on the southernmost parcel prior to the R-1 zoning designation and was more or less grandfathered in . See below. 1 ZC 22.16 Street Parcels Rezonin g-Decembe r 5, 2022 029 Last visited on November 21, 2022 . The th ree (3) parcels south of Farr i ngdon Boulevard make up the 2014 platted Street's Commercial Park {Slide 2512 -A, Baldwin County Probate Records) and shown below. The three (3) parcels making up the Street's Commercial Park are taxed as commercial property by the Baldwin County Revenue Commission . Howeve r, commercial use beyond the ice machine has not come to fruition. The subject property has been in the Street family for 20+ years. 2 ZC 22 .16 Street Parcels Rezon i ng -December 5, 2022 030 STREETS COMMERCIAL PARK ( T) J ·" [f' __ ..,.. ___ .. --~---,,. . .,. ___ ,.,, Slide 2512 -A, Baldwin County Probate Records Requirements for the Highway Transitional District: ---tw-~• --•-•'-•--~:-•£r ·--·-··· --~- JI J l ; ~ I ~ .~:-:·. ! i i i I I I . ! I j i I I ! i . i r . , ---., !1f!U.T'S CO MiW Hl:CM.l PilK (A. .f!:fl'U.f) 11&13 GW11%M:t 11:Pl!,f'Al!IHS'(.. ~,. ct.Jrroqs) SiltttT The Highway Transitional District was added to the Zoning Ordinance in February 2021 as Ordinance 1702. (See Exhibit A). According to Article V, Section I (1), of the Zoning Ordinance (Ord. 1253), the intent of the HTD is three-fold. 3 ZC 22 .16 Street Parcels Rezoning -December 5, 2022 031 Intent -The special standard s li sted in thi s section for the highway tran sitional di strict ar e intended to : • Provi de an alternati ve to properti es along state highways within the City of Fair hop e that are bey ond the area of influence of the Vill age Nodes and Commercial Node s a s contemplated by the City of Fairhope Comprehen sive Pl an . • Provide de v elopment opportuniti es consistent w ith the Ci ty 's v ision for commerci al corridors to b en er serve community ne ed s. • U nlike other di stricts within thi s section , th e HTD is not an ove rla y di strict and do es not affect any property owners, other than tho se who vo luntarily appl y for rezoning to thi district. Applicants desire for the property to be commercial/business use, especial ly since ¾ of the property is being taxed as commercial. Since the parcels are adjacent to a major highway, the HTD zoning makes sense and is reasonable. Furthermore, general and professiona l office use are acceptable uses by right according to Table 3 -1 as shown below and attached as Exh ibit B. z..u...c. ...... .a U...Ca-.-1 .__,...._u_ '"" ~-• T........,_, PaoHcmo ·• ~ &Ii f ... ~ ·-a •~ ~-~ ~p"adlir,.• 11..:iw:a-,,· Plaoa-afW~ c--.-0 ~- Pd:~~ --=----• -c-.~~ • C C--ar Cl:m 0 !iW,::..C t_ ... ......-0 ~ ~ H-a>o.,-.. ·-- • l'lcm::acl .-.J,joe-:,!!ID""l m-dima,a; umdJczmd ez,dc,..,_ , Pw:=:mil ci:•a: a: <plCL ~ l:slad;. ma crdmm:. 0 !.:m::ad ~·Olla;,pG!md ni,joato ,ij,dal coodiri= -- j!;; ~ . ,.... 1 ;1 ... ... .,;.,_ ,.._ • • • • • ,, .. ,. .. • • • • ... . .. . .. -.. .. • • • • 0 0 O · 0 . . .. -• • .. -0 0 0 0 0 0 0 0 0 0 .. .. ,, "> .. .. - ~ ;; ,. ~ i ... ~ ,,. ,,:, ~ "" .,!i .J: ~ ':; :,. ;I!; • • • • •· • • •· • • •· • • Jl .,, .. ,. _"9 • ... -V u ... .. ,. • • • • • • "' .. .. ,. .. . ,. .. • • • • • .. • .. .. e ---. . .. • • • • • -. -.. -.. . • • • • • • • •· • • ' • o , 0 0 0 0 0 0 0 Q 0 0 Q 0 0 0 . . -. .. . ., . --.. .. ·-.. .. -.. .. 0 0 0 0 0 0 " 0 0 0 0 0 0 0 0 0 0 0 e 0 0 • -.. -• .. ~ -.. . ., . . ., . JI " .. .. ~ .. , 41 ,. .. Size: Article V, Section 1(2) mandates that the size of each lot be a minimum of 20Kft2 and under three (3) acres. Lots being synonymous with parce ls for the sake of clarity, all four (4) parcels meet the size requirement of the HTD. r.. c • ,, • ,, -• -• 0 0 0 • .. 0 0 • • ,, Location: Each parcel has frontage at least 100 ft a lon g South Greeno Road , which is a location requirement for the HTD per subsection (4). 4 ZC 22 .16 Street Parcels Rezoning -December 5, 2022 -- ~ • • •· u • .. -• .. • 0 0 Q • -0 0 .. •• ,. 032 Dimension Standards: Article V, Section l(S)(b) calls for the following setbacks in the HTD, all of which can be accomplished in each of the four (4) parcels. b. Setbacks i.Froo.t Setback shall be 20·. ii.Rear Setback shall be 20·. ii i.Side setbacks shall be 1 o·. Maximum building heights of 30' or 35' shall be applicable to any buildings on the parcels. Parking shall be located behind the front building line if and when buildings are anticipated. Per subsection (e), any stand-alone single use or tenant retail building shall not exceed an 8Kft2 footprint. Subsection (f) states that "all lands within twenty (20) feet of the boundaries of U.S. Highway 98, Alabama Highway 104, and Alabama Highway 181 ... are required to be reserved by owners or developers ... as greens pace and tree protection zones ... " If there is no other vegetation beyond grass at the time of development, then new landscaping and plantings shall be installed at the time of the development. Said landscaping and plantings shall be approved by the City Horticulturalist. The City of Fairhope Tree Ordinance considers the HTD as commercial/business regardless of the actual use. Pursuant to Article 11, Section C(l) "Zoning Amendments," subsection (e) "Criteria" the application shall be reviewed based on the following criteria : (1) Compliance with the Comprehensive Plan; Response: The current Comprehensive Land Use Plan (circa 2016) supports a village concept with village centers containing the highest intensity of business uses with commercial nodes located on Greeno Road, Highway 181, and Section Street . The preferred plan places village centers at North Village (current Fly Creek PUD), Greeno Road, intersection of Fairhope Avenue and Highway 181, and downtown, with downtown considered the ultimate village center. The nearest village nodes are located at Greeno Road and Twin Beech Road and Greeno Road and County Road 32. An additional node is at Section Street and County Road 34. The "subject" property is triangulated among the aforementioned commercial nodes. See below. The subject property is not appropriate for a full-blown commercial node; however, staff does believe the property is appropriate for HTD by definition and location. 5 ZC 22 .16 Street Parcels Rezoning -December 5, 2022 033 2016 Comprehensive Land Use Plan -Preferred Use Land Map (2) Compliance with the standards, goals, and intent of this ordinance; Response: Currently, all the parcels are zoned R-1. R-1 is most likely not the best use for smaller parcels that directly front a major highway since R-1 is a more appropriate designation for larger pa r cels. Moreover, "screening" is an important attribute that runs throughout this ordinance and HTD requ i res the first twenty (20) feet of the parcel from the highways be vegetated beyond that of just grass; whereas, R-1 does not. Also , HTD is transitional and these parcels ease the transition from busy highway to the residential subdivision behind them. (3) The character of the surrounding property, including any pending development activity; Response: Each parcel fronts S. Greeno Road (US Hwy 98). Each parcel is backed by the Huntington Woods subdivision. Parcels north of the stand-alone northern parcel are zoned R-1 . There are two (2) such parcels and they are much larger and have what appears to be one (1) residence on each . Parcels located south of the parcels known as Street's Commercial Park are unzoned as are parcels across S. Greeno Road (US Hwy 98). There is not any known anticipated pending development in the immediate surrounds of the subject property. 6 ZC 22 .16 Street Parcels Rezoning -December 5, 2022 034 (4) Adequacy of public infrastructure to support the proposed development; Response: There is no proposed development at this time . At least one (1) parcel (ice machine) is energized . Future development project(s) shall confirm the adequacy of the publ i c infrastructure . (5) Impacts on natural resources1 including existing conditions and ongoing post-development conditions; Response: The Applicants have no known plans of construction or redevelopment at this time. (6) Compliance with other laws and regulations of the City; Response: Rezoning complements the Tree Ordinance. At the time of any redevelopment all applicable laws of the city will be applied. If granted, any use within HTD zoning will be allowed 'by right '. (7) Compliance with other applicable laws and regulations of other jurisdictions; Response: At the time of redevelopment all applicable laws will be applied . {8} Impacts on adjacent property including noise1 traffic1 visible intrusions1 potential physical impacts1 and property values; and1 Response: Applicants do not have any immediate plans for development. Nonetheless, the parcels are situated in an area that fits the bill for HTD by definition . If the property is developed commercially there very well may be potential impacts; however, any future building permits will be reviewed by staff prior to any construction and development shall follow all of the appropriate setbacks , footprints, and buffers . In addition, since the parcels front a major highway then ALDOT will also weigh in on any future development plans . {9) Impacts on the surrounding neighborhood including noise1 traffic1 visible intrusions1 potential physical impacts1 and property values. Response: Since this is a straight rezoning request where a solidified future use and/or site plan is not yet even fully contemplated then it is impossible for staff to determine any specific impacts on the surrounding neighborhood although it is reasonable to assume that there will be some impacts with any future development. Nonetheless, any future development will have various approval processes where these concerns and more will be thoroughly vetted . Recommendation: Staff recommends approval of ZC 22.16. 7 ZC 22 .16 St r eet Parcels Rezon i ng-December 5, 2022 035 From: To: Subject: Date: Jacqueline Tomer J2!.annin.g Case ZC 22 .16 Monday, November 28, 2022 8:09:30 AM SENT FROM AN EXTERNAL ADDRESS Hello, With the Thanksgiving Holiday, there really was not enough time to properly draft a response to the letter recently received regarding the above requested rezone. However, as an impacted homeowner, as well as a representative of the almost hundred member HOA, we are VEHEMENTLY OPPOSED to this zoning change! None of our key concerns, such as traffic and the safety of our children, have changed. In fact, they have been increasingly exacerbated b y the additional traffic due to residential development behind ours and the overall influx of area development. In addition, commercial driveways would not be feasible off Farringdon as it is a tree lined entrance that we maintain. Placing the entrances off of Highway 98 would only add to everyone's nightmare of school traffic as it is across the street from the main high school entrance. Keeping the current zoning is the only common se nse choice. Thank you for your consideration, Jacqueline Turner 036 Er i k Perrin, Huntington Woods Resident Mr. Perrin called on November 28 t h, 2022, to voice his opinion regarding Case ZC 22 .16, the rezoning of the Street property to HTD . He stated that he was not against the rezoning, he would like to the see the property develop, but did ask that the ingress/egress for the lots be located on Greeno Road rather than Farringdon Boulevard and entrance to the Huntington Woods Subdivision . He added that there is a lot of traffic from Old Battles Village being developed . 037 ArcGIS Web Map F irh o f High S c h o ol F .i rt o p ¥11 cl cl t October 27, 2022 1 :9 ,028 0 0.05 0.1 0 .2mi Zoning -8 -1 • Local Shopp ing District B-2 • General Bus iness District -B-3a • Tourist Resort Lodging District -B-3b • Tourist Resort Commercial Serv ice Distr ict 8 -4 . Bus iness and Professional Distr ict HTD • Highway Trans ition District M-1 • Li ght Industrial Distr ict -P-1 • Park ing 0 0.1 0.2 0.4 km KCS. Es11 , HERE. Garmin, GeoTechrlOlogoes, Inc . lnle•map, USGS. METIi NASA . EP A. USDA Web AppBuioer lo, AlcGIS 038 Exhibit A: Map of the Property of the Street Living Trust to be re -zoned to HTD (Case ZC 22 .16) ■ I PPIN : 267236 I 1 .. 98 '> ARR I G O N 8 VO I "'I / l I PPIN : 257637 I I\ " ~ I\ I PPIN : 356677 l I'-~ OUTHWA ---/ ~ ~ '!:a I PPIN : 356679 l • 039 040 041 042 043 044 045 046 047 048 049 050 051 052 053 RESOLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereb y authori zed to execute Amendment No. 1 to (Bid No. 23 -015) Irrigation Pump System Contro l Panel Replacement for Quail Creek Golf Course to Jerry Pate Company for an additional $11 ,682.25. The total cost will not-to-exceed $4 1,778.75 . ADOPTED ON THIS 22ND DAY OF MAY, 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson , Council President 054 City of Fairhope Project Funding Request COF Project No. 2319 Issuing Date : ___ 5/_1_5_/2_0_2_3 __ Please return this Routing Sheet to Treasurer by : ---'-Ac=SocAc:..P __ Project Name: ADDrove Amendment #1 for Bid No. 23-015 Irrigation Pump System Control Panel ReDlacement for Quall Creek Golf Course Project Location : Quall Creek Golf Course Presented to City Council : __ .:c5/c.=2=2/:=2cc.0=-23=--- Funding Request Sponsor. Pat White Recreation Director Tomm Johnson, Golf Grounds Project Cash Requirement Requested : Cost: $ 41 778 .75 (Not-t<H:xceed) Vendor: Jerry Pate Company Resolution# : Approved _____ _ Changed _____ _ Rejected _____ _ Project Engineer:~"~'•~-------------------------------------- Order Date : ---~"~'a=----Lead Time: ___ n_/~a _______ _ Department Funding This Project Gas D Electric D Water □ Wastewater D Sanitation D Cap Project D Impact D Gas Tax D Fed Grant D Department of General Fund Providing the Funding Admin-10 0 Bldg-13 0 Po li ce-15 D Fire-20 D ECD -24 0 Rec-25 0 Street-35 D Meter-19 D Fleet-46 0 Gott-50 0 Golt Grounda-65 0 Museum-27 D NonDeptFac-75 D Debt Service-85 D Civic-26 D Marina-34 D Plan/Zone-12 D Adutt Rec-30 D Project will be : Expensed Capitalized Inventoried -------□ XXX 0 --~~---□ Expense Code: 001550-50475 G/L Acct Name: Capital Improvements Project Budgeted : $ Balance Sheet Item-D Included in projected cash flow Over (Under) budget amount: $ 41,778.75 Funding Source : Resolution No. 4696-23 approved and awarded Bid No. 23~15 not-to .. xcNd $30,096.50 . Vendor is requesting • price increase In the amount of $11,682.25. City Council Prior Approval/Date? ______ _ Senior Accountant City Treasurer Operating Expenses _____ □ Budgeted Capital 0 Unfunded XXX 0 Grant: ______ Federal -not to exceed amount ______ State _____ City ______ Local Bond : ____ _ Loah: ------ Capital Lease : _____ _ Title Title Payment ______ Year ______ Year ______ Term Mayor Pin:hasing Memo Date: --~5/_1~5/~2_0~23 __ Request Approved Date: --~5/~1=5/~2=0=23~- Purchasing Memo Date: ___ 5~/~1~5/~2~0=23~-- Signatures: ______________ _ IT-16 0 055 Sherry Sullivan From: Sent: To: Sl.lbject: Good morning, Erin Wolfe Tuesday, May 16, 2023 11 :01 AM Sherry Sullivan RE : QC pump system I tried to call but got Gayle's voicemail. There was not a specific time schedule for the original bid . The bid opened on 1/31/23. The contract was fully executed on 3/22/23 . During the time period between the bid opening and the awarded vendor (Jerry Pate Company) placing the order for the control panel, their supplier increased the price so significantly, the awarded vendor was unable to absorb the increase . Note : Their supplier was only willing to hold the new price for 15 days . I expressed concern that we would not be able to have approval for the increase before that price guarantee expired . They went back to the supplier. The supplier provided an even higher price to hold until the end of the month (May). Jerry Pate Company will absorb that additional increase. Jerry Pate Company was the only bidder for this purchase. Our only other option would be to cancel the contract and rebid the purchase, which would probably result in an even higher price . Please let me know if this answers your questions or if I can clarify anything else . &we'Ulof# Purchasing Manager City of Fairhope 555 South Section Street Fairhope , AL 36532 Phone: (251) 279-6231 Email: erin .wolfe@fa irhopeal.gov From: Sherry Sullivan <sherry.su ll ivan@fairhopeal.gov> Sent: Tuesday, May 16, 2023 9:29 AM To: Erin Wolfe <erin .wolfe@fairhopeal.gov> Subject: QC pump system Please call me regarding the green sheet for the pump system at QC. Was there a time period on the original bid? Did we not do the work within the time period and now they are increasing the cost? Sherry Sullivan Mayor City of Fairhope 251-990-0100 056 Sherry Sullivan Mayor Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Rob i nson Lisa A. Hanks , MMC City Clerk Kimberly Creech City Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251 -928-6776 (f) www.fairhopeal.gov MEMO To: Kimberly Creech, City Treasurer From : Erin Wolfe, Purchasing Manager Date: May 15, 2023 Re: Requesting Green Sheet and Approval by City Council to increase the award price for Bid No. 23 -015 Irrigation Pump System Control Panel Replacement fo r Quail Creek Golf Course The Director of Parks and Recreation , Pat White, and the Golf Course Superintendent, Tamm Johnson , have requested to increase the price of the award for Bid No. 23-015 Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course. The awarded vendor , Jerry Pate Company , has submitted a request for a price increase . Their supplier has increased the price for the following reason : There is a shortage of components in our industry and prices are subject to change with very little or no notice . Many Motor Controls, Inc. manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, the price, the scope or quantity of supply and/or other terms and conditions set out in their offer or quotation to Motor Controls, Inc. Motor Controls, Inc. considers any CO VID- 19 related changes imposed by manufacturers as outside its reasonable control and subject to Force Majeure provisions. The original award price was Thirty Thousand Ninety-Six Dollars and Fifty Cents ($30 ,096 .50). The Director of Parks and Recreation recommends the award be increased by $11 ,682.25 to Forty-One Thousand Seven Hundred Seventy-Eight Dollars and Seventy-Five Cents ($41 ,778 .75). Please prepare a Green Sheet and place on the next City Council Agenda this request to increase the award amount for Bid No. 23-015 Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course for an additional $11,682.25 to a sum total of $41,778.75 . Enclosure Cc : Pat White, Tamm Johnson, Clint Steadham 057 Llf1 Jerry Pate T arf & Irrigation ♦ ,..Jlbl,\fvenary CENTU ~ 209250 CITY OF FAIRHOPE PO BOX 429 fl Jerry hte Coimp.-ny FAIRHOPE AL 36533-0429 Expiration Date : 06/08/23 Product/ Description MCl101922QCPACE MCI PACE Retrofit Kit Qual Creek Irrigation Syste m Install and Se t up Irrigation System Install and Setup Shop Supplies Shop Suppli es Existing FTX Station# T016416 Subtotal MCI CELL CONNECT Cell Connect for Single Pump Station Connection to Irrigation Centra l Irrigation System Install and Setup Irrigation System Install and Setup Shop Suppli es Shop Suppli es Subtotal MCI OPTIONAL WARRANTY Optional 6 Year Warranty on all components as furn ished under this kit Subtotal SALES QUOTE Ship To : Quote# Location# Date Page QUAIL CREEK GOLF COURSE Attn Tomm Johnson 19841 QUAIL CREEK DR FAIRHOPE AL 36532-4840 Cust PO#: Terms : Reps : Sh ip Via : Quantity U/M 2 .5 0.5 pump panel repairs NET60 DAYS 07 1 / 094 FedEx 15 -Ground Price 29,498 .75 1,850 .00 250 .00 3 ,500 .00 1,850 .00 100 .00 2 ,880 .00 Jerry Pate Company's vendor partners have advised that until further notice they reserve the right to amend the delivery date, the price , the scope or quantity of supply and/or other terms and conditions within thei r quotation to JPC. JPC considers any COVID-19 related changes imposed by vendor partners as outside its reasonable contro l and subject to force majeure provisions. 53739 0 1 05/08/23 Page 1 of 2 Extens ion 29 ,498 .7 5 4 ,625 .00 250 .00 34 ,373.75 3,500 .00 925 .00 100.00 4 ,525 .00 2 ,880 .00 2,880 .00 058 tN1 Jerry PGte CENTII ~ Turf & lnlgatlon • '5 .. .-tv-..ary II Jerry Pete c-.,.ny SALES QUOTE Product / Description Quantity U/M A Message from Jerry Pate Dear Valued Customer: As Olalrman and Founder of Je rry Pate Company, I pledge to provide you w ith the best quality products and parts, and exceptional customer service. We are committed to building valued rel atio nships through inte1 rity and professionalism while enhancin1 the quality of life and wel.,.bel ng of people and co mmun itie s. Our C:Ore Va lu es are Faith, Fa mily, and Career Oppo rtunities. We value yo ur loyalty and co ntin ued business, and t hank you for trusting us as your provider of the finest products and services in t he ind ustry. Return Guidelines Quote# 53739 Location# Date 05/08/23 Page Page 2 of 2 Price Extension Subtota l : 41 ,778 .75 Tux : 0 .00 ·············---······-··········-------Total : 41 ,778 .75 Accepted By Date We stand behind what we sell. If for some reason you are not s.itisfied with your purchase, we will 1ladty accept your timely return of eligible Items. To view our return policy, please visit https://Jerrypate.com/parts•service/. All errors In shipment must be claimed w ithin 10 days of recei pt of shipmenL All returns must have a Rieturn Merchandise Authorization IRMA). and may be subject to a 15" restock:lnc fee. To make a return or inquire about ell1ible returns, please co ntact one of our Customer Care Team Members . 1800-700-7004 customercare@)jerrypate.com 1-800-700-7001 • 301 Schubert Drive, Pensacola, Florida, 32504 • www.JerryPate.com 059 RESOLUTION NO. ___ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive , and open bids to procure services for (Bid No. 23-015) Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course at 555 South Section Street in the City of Fairhope offices , Fairhope , Alabama . [2] At the appointed time and place, a bid was received and tabulated as follows: Please see attached Bid Tabulation for Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course [3] After evaluating the bid with the required specifications , Jerry Pate Company is now awarded (Bid No. 23-015) Irrigation Pump System Control Panel for Quail Creek Golf Course with a total bid proposal not-to-exceed $30 ,096.50. ADOPTED ON THIS 27TH DAY OF FEBRUARY, 2023 Attest : Lisa A. Hanks , MMC City Clerk Jay Robinson Council President 060 City of Fairhope Project Fund ing Request COF Project No. 2281 Issuing Date __ _,2::..l1:..:7c.:.12::;0:.:2::2=---Please return this Routing Shee1 to Treasurer by· __ .:.;A::S::cA::..P __ Project Name · Award Bid No. 23-016 lrriaation Puma Svstem Control Panel Realacement Project Location : Quall Creek Golf Course Presented to City Council __ :21.:.27'--'/-=-20"-'2==2=--- funding Request Sponsor. Pat White Recreation Director Tomm Johnson , Golf Grounds ProJect Cash Requirement Requested Cost: _$~_.=3-=.0t.:,0-=.96::.:·-=.50e... Vendor: Jerry Pate Company Resolution # Approved _____ _ Changed _____ _ Rejected _____ _ Project Engineer:~"'~•:._ ____________________________________ _ Order Date : ----"n/'-"a'----L"ad Time: ---'n"'I"'•'---------- Department Funding This Project Gas C Electric 0 Water C Wastewater C Sanrtation C Cap Project C Impact C Gas Ta x C fed Grant Dtpanment of General Fund Providing the Funding Po hce-15 C F,re -20 C ECD-24 [' Rec-25 C Adm,r>-10 C Blog-1 3 , Fleet-46 0 Goff-60 [_ Golf Gmund•-51 0 Museum-27 C NonDeptFec-75 0 Debi Service-BS Civ,c-26 C Manna-34 C Street-35 C Meter-19 C Plan/Zone-12 C Adult Rec-30 U P ro:ect will be Expensed Capitalized lnv er~or;ed _______ c XXX [I ---'-"-=----c Expense Code : 001660-50475 Gil Acct Name· Capital Improvements Pro.iect Budgeted: s Balance Sheet Item-C Included in projected cash now Over (Unde r) budget amount. $ 30,0911 .50 City Council l'rlor Approval/Date? _______ _ Senior Accountant Funding Source : City Treasurer Operal ie g Expenses ______ Ci Budgeted Cep,tal --=,,.--- Unfunded XXX G:: Grant: ______ Feaeral -not 10 exceed amount ______ State _____ City ______ Local Bond · Loan: _____ _ Trtle Title Capttal Lease : _____ _ Payment ______ Year ______ Yea r ______ Term Purchas ing Memo Date: --~2~/6~/~20~2=3~-- IT-1 6 C. 061 t:1!t ':~l d'lABA~'h Sherry Sullivan Mayor Council Members : Kevin G. Boone Robert A . Brown Jack Burrell, ACMO Jimmy Conyers Jay Robinson Lisa A . Hanks , MMC City Clerk Kimberly Creech City Treasurer 161 North Section St. PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251-928-6776 (f) www.fa i rhopeal.gov MEMO To : Aislinn Stone, Senior Accountant Kimberly Creech, City Treasurer From : Erin Wolfe, Purchasing Manager Date: February 6, 2023 Re: Requesting Green Sheet and Approval by City Council to award Bid No. 23- 015 Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course The Director of Parks and Recreation, Pat White, and the Golf Course Superintendent , Tomm Johnson, have requested to procure and install an upgrade to the existing irrigation pump system control panel for Quail Creek Municipal Golf Course located at 19.841 Quail Creek Drive . Fairhope , AL 36532 . Bid No. 23-015 Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course was issued on January 15 , 2023 , posted to the City website , and viewed by 143 of 376 vendors who select to receive e-notifications. One (1) responsive bid was received at the bid opening on January 31 , 2023 at 10:00 a.m . The Director of Parks and Recreation recommends the award be made to the only bidder, Jerry Pate Company. The bid response was a lump sum cost of Thirty Thousand Ninety-Six Dollars and Fifty Cents ($30 ,096 .50). Please prepare a Green Sheet and place on the next City Council Agenda this request to award Bid No. 23-015 Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course for $30,096.50. Enclosure Cc: Pat White, Tomm Johnson, Clint Steadham 062 .--... --~ ,.......,.........,._..,_ .. ~--------- City of Fairhope Bid Tabulation Bid No . 23-015 ac Golf Cour,ie Pump System Opened January 31, 2023 at 10 :00 A.M . Vendor Jerry Pate Company Recommendation: on accurote Bttl Tabulstlon Signature Pat White, Director of Parks and Recreation Erin Wolfe, Purchasing Manager I Bid Documents Sfqne11 / I Notarized i Y/N) I y ! i : I I i I ---·--I I V r i:r t:,;~o-t i;,nr:e ·v 'l; '"':"o'a l 9 fd :,Mc i l I ~ --- ,., .. -~: I I l I ! ' I -· -i I I I i . I 063 ITEMIII BID RESPONSE FORM Date ; _L. I _fl._ I Z~l.!> Bid No; 23-015 Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course Bids Due; Tuesday , January 31, 2023 at 10:00 A.M. Item 1./umber Description Cost fvlCl10 1922QCPACE MCI PACE Retrofit Kit -6, \l,5!,i.. 5o MCI CELL CONNECT Cell Connect for Single Pump Sta tion Connection to ;; 3 ,7t,o u.... lrrioation Central MCI OPTIONAL WARRANTY Optional Six (6) Year Warranty On All Components As ,~ Z,8£!.c C>u furnished Under the Retrofit Kit Installation Supplies Installation Supplies as needed lo complete project It ~-66 (JU Installation Labor Installation Labor as needed to complete project ~ :>,5Sc. (>L, TOTAL BID PRICE ... ~o < .. Au, 60 Bid will include all labor, materials, equipment, shipping and postage , overhead, profit, bonds, insurance and ail other costs necessary lo provide the complete services outlined within this CONTRACT and scope of work. Receipt of the following Addenda to these documents Is hereby acknowledged by the undersigned (CONTRACTOR to complete below): ADDENDUM NO . DATE ISSUED ADDENDUM NO. DATE ISSUED Each bid must give the full buslneu address of the CONTRACTOR and muut be signed by him with his usual signature. Bids by partnerships mul/t furnish the full names of all partners and must be clgnod with the partnership name by one of the members of the partnerahip, or by an authorized representative, followed by the signature and designation of the person slgnlnQ. Bids by corporations muat be signed with the legal name of the corporaUon followed by the name of the State of Incorporation and by the signature and designation of the president, secretary, or other person authorized to bind It In the matter, The name of each person shall aleo be typed or printed below the signature . A bid by a person who afllx&a to this signature the word "president," "secretary," "agent," or other designation without disclosing his principal, may be held to be the bid of the lndlvlduat signing. When requested by the City of Fairhope, Baldwin County, Alabama, satisfactory evidence of the authority of the officer signing In behalf of the corpol'llllon shall be furnished. The undersigned agrees to furnish tho good6/servtces as requested by you for the City of Fairhope, Baldwin County , Alabama In your Invitation to bid, and eertlflea that they wlll meet or exceed the speclficaUons called for. The undersigned has road all Information pertaining to this bid and has rHo!ved all quer.Uons . It Is alao understood and agreed that all prices quoted are F.O.B . described In the bid documents and specifications. The underslgnod also affimie he/she has no1 been In eny CONTRACT or collusion among BIDDERS or prospecUve BIDDERS In rnzz;:: -;~ CONTRACT to bid ,t • fl,ed p,I.,. o, 10 ,of,.ln fn>m bidding o, olhoMOo. Witness ou r hands and seals this I C, day of JflYiltartq , 2023 . 064 If lndJvidual or Partnershi p (Name of Individual or Partners hip) (Name of Representative Authorized to sign Bids and CONTRACTS for the firm Print) Address (Ncme of Partner Print) (N ame of Partner Pri nt) --------------------------- Phone Number ( . __________ Fax ~umber ( E-mail address _______________ Alabama Contractor's License No . ----- Foreign Entity ID (if outside of Alabama) ______________________ _ If Corporation or LLC Company~-4 Oak., Tutt .. -rrc,gahAIJ ,.(he I State of Incorporation -~-=------------------------ Company Representative_-;;:;:5~<.Pf±:'=,:::;:::';~~tl,te~=.:-::=-c::..:-=:.;-;~o'M~i;;;-;;::::--;'=-=-:-:------ (Represen tatlve Authorized lo sign Bids end CONTRACTs for the firm Print) Company Representative._~m~a~ira~t".t ~~(6:::::':t' '=I s~:;::-~-:::;-;::;:;;:m;-.,:::;:::-;:;-;;:::-:;-=:-:;::--~-- (Represen tatlvJ ~orlzed lo sign Bids and CONTRACT& for the firm Signature) Address 6Q ( ScJ/lubRAft 0:ttvf< ~aS(ilO/aq R.. 3@504- Phone Number(~ 47q ~4:Ca$3 Fax NumberLJ _________ _ ' .Jt z~1,.,,rt '--""'\ E-mail address \2£.1c;,01 1t;,,1 :,r--1-z.v, q t<> AL Contractor's License No. ------ Foreign Vendor Id __________________ _ BID PROPOSAL NOTARIZATION: STATE OF I, the undersign~ authority__!n and for 63~ State an~ C~un~. hereby certify that An,..,J... ,3; n ~ , as £.,~() respe_cti vely , of .)c[CJ e,A, I 11c:C ,t -1:«1,!ir+,,0 1.,,t,, . whose name is signed to the foregoing document and who is known to me ,~ knowtedged before me on ttus day, that , be ing Informed of the contents of the document they executed the same vo luntarily on the day the same bears date. C,~ -Given under my hand and Notary Seal on th is J:!..:.. day of ....._.,.)~/.<"'-h=1..="""-=-'1t------· 202 3. AUSTI N 1:t~"m Not&ryPubl l: Stt.tr/ of fl,orld:; C.O~ HHZ~ Expires 6/16/202.f;. A Q.· -4 ~ NOTARY PUBLIC &C1e,AMA..,. -?2-.?--t._ MY COMlvl lSSION EXPIRES b / f /, / a,,2-l, --- 065 ITEM IV CONTRACTOR INFORMATION This Section must be printed, completed, and turned in with your bid l'fi/sponae to Bid No . 23-015 Irrigation Pump System Control Panel Replacement for Quail Creek Golf Course Business Organization Name of CONTRACTOR (exactly as it appears on W-9): -:Jex~ Rm 'f wcf~ :ur,~n :thl , Doing-Busi;;;( s-As Name or CONTR,;croR. 3'() I ¥kl1J.b,ed':f: (:w I VP... LOCAL Telephone Number: Sf50 -4:1':l-1../:l, S 3 Toll-Free _______ _ LOCAL Fax Number: Email address : Website: .:f,1;...Y,:'-"~i+' P=dfe""-' s-.....,1, C.s-c«Yl<.µ....l'------------- Form of Business Entity fcheck one ("X1 Corporation "__L_ Partnership Individual Joint Venture Other (describe): Corporation Statement If a corporation , answer the followi~: Dale of incorporation: I O / 3/1 gg J Location of incorporation :_~Fj...~--•-------------------- The corporation is held: Publicly Privatety-Z. Partnership Statement If a partnership, answer the following : Date of organization : Location of organization ::----:---------------------- The partnership is : General Limited_ Joint Venture Statement If a Joint Venture, answer the following : Date of organization : Location of organization: _______________________ _ JV CONTRACT recorded? Yes_ No Phone __________________ Fax. ___________ _ END OF CONTRACTOR INFORMATION SECTION 066 r I }. FROM : <•04) 3~6-5340 SHIP CATE: 25JAN23 ACTl.lGT: 0 .10 LB JERRY PATE COMPANY 5350 TULANE DRIVE CAD : 0424444/CAFE36l6 ATLANTA GA 30336 BIL L SENDER TO CITY Of FAIRHOPE CITY SERVICES -A D PUBLIC UTILITIE 555 SOUTH SECTION ST "SEALED BID"' FAIRHOPE AL 36532 TRl(N 5929 0285 5239 (US ) etdJIE :r.: Gr o und ,{ 9622 001g O (000 000 0000) 0 00 5929 0285 6239 ' ~ -rt',,. -:,..-~-?,--... l"'f('I ,_ ....... -. ~ -. "'" , ~,-~ 067 -~ ,,,. II ~ .,, 0 t v 17:l 0 ~ - C v l> i _:--{ c; 0~ -1 3 ~ ,8 J (jl jil ;n fl f. (") (j) C N 0 i qJJ ~ -1 N I Q ~ 0 -G, - ~ ~ VI ~\ ~ fll -- ~ ,'f1 -0 -, r, ,11 _3. (11 7, ·I u· rfi J> -ft\ <I (j -d .... ) .' ,. 1 •) ~ (. • l •'l i -" - Vi -,-\ I.Ji p {J\ ~ l:. G " ~ -p G -t --"1 -jl'I I/ 068 RESOLUTION NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [1] That the City of Fairhope did request , receive, and open bids for (Bid No. 23-022- 2023-PWI-010) Repair and Replacement of Modified Bituminous and Gravel Roof at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Alabama Roofing & Sheet Metal Co., Inc. E. Cornell Malone Corporation Finishing Solutions Mid-Western Commercial Roofers, Inc. Roof Doctors of Alabama $631 ,959.00 $1 ,165,680 .00 $554,654.00 $772 ,950.00 $700 ,840.00 [3] After evaluating the bids with the required specifications , Finishing Solutions is now awarded (Bid No . 23-022-2023-PWI-010) for Repair and Replacement of Modified Bituminous and Gravel Roof with a total bid proposal not-to-exceed $554 ,654.00. ADOPTED ON THIS 22ND DAY OF MAY, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 069 City of Fairhope Project Funding Request COF Project No. 2307 Issuing bate: ___ 5_/1_5_/2_0_2_3 __ Please return this Routing Sheet to Treasurer by : --~A=S~A~P __ Project Name: Award Bid No. 23-022-2023-PWl-010 Reoair and Reolacement of Modified Bituminous and Gravel Roof Project Location: City Hall/Civic Center Resolution # : Presented to City Council : --"-'51-=2=2/-=2"'-0=-23=---Approved _____ _ Funding Request Sponsor: Richard Johnson, Public Works Director Changed _____ _ Rejected _____ _ Project Cash Requirement Requested : Cost: $ 554,654.00 (Not-to-Exceed) Vendor: Finishing Solutions, LLC Project Engineer:-'nt"'•=---------------------------------------- Order Date: ____ n_/a __ _ Lead Time: ---'"'=a _______ _ Department Funding This Project Gas □ Electric □ Water □ Wastewater D Sanitation D Cap Project □ Impact □ Gas Tax □ Fed Grant D Department of General Fund Providing the Funding Po lice-15 D Fire-20 D Street-35 D Meter-19 D Admin -10 □ Bldg-1 3 □ Fleet-46 □ Go lf-SO □ Golf Grounds-55 D Museum-27 D ECD-24 □ Rec-25 □ CMc-28 0 NonDeptFac-75 D Debt Service~S D Marina-34 D Plan/Zone-12 □ Adult Rec-30 □ Project will be : Expensed Capttalized Inventoried -------□ ___ xxx~ ___ 0 -------□ Expense Code: 001260-50475 GIL Acct Name: Capital Improvements Project Budgeted: $ 300,000 .00 Balance Sheet Item-□ Included in projected cash flow Over (Under) budget amount: $ 254,654.00 City Council Prior Approval/Date? ______ _ Senior Accountant Purchasing Memo Date: __ ...,_4/2=6'-'/2'-=0-=2-=-3 __ Request Approved Date: ---=5/'-'1-=5,.,/2'-=0-=2-=3 __ Signatures: ______________ _ Funding Source: City Treasurer Operating Expenses------~ Budgeted Capttal __ ..,_XXX==---~ Unfunded D Grant: ______ Federal -not to exceed amount ______ State _____ Ctty ______ Local Bond : _____ _ Loan : _____ _ Capital Lease: _____ _ Trtle Tttle Payment ______ Year Year ------ ______ Term Mayor Purchasing Memo Date : ___ 4-"/-=26=c/-=2-=-02:c3,_ __ Delivered To Date: 5/15/2023 ~ Mayor Sherry Sullivan IT-1 6 □ 070 ~1 ~~ d lA B ,~.}-~ ~ Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech City Treasurer 161 North Section St . PO Drawer 429 Fairhope , AL 36533 251-928 -2136 (p) 251 -928-6776 (f) www.fairhopeal.gov MEMO To : Aislinn Stone, Senior Accountant Kimberly Creech, City Treasurer From : Erin Wolfe, Purchasing Manager Date : April 26, 2023 Re : Requesting Green Sheet and Approval by City Council to award Bid No. 23- 022-2023-PWl-010 Repair and Replacement of Modified Bituminous and Gravel Roof The Director of Public Works , Richard Johnson , has requested to repair and replace the existing modified bituminous and gravel roof system with a new Thermoplastic Polyolefin (TPO) roof or approved equal on the City Hall/Civic Center Complex located at 161 North Section Street, Fairhope , Alabama . The aging roof system is at the end of its service life and water intrusion has become a persistent maintenance issue . A service bid was issued on March 27 , 2023 , posted to the City of Fa irhope 's website , and viewed by 133 of 389 vendors who select to receive e-notifications . Five (5) responsive bids were received at the bid opening on April 25 , 2023 at 10 :00 a.m . The Directo r of Public Works recommends the award be made Finishing Solutions, LLC. The ir low bid response price was Five Hundred Twenty-Two Thousand One Hundred Ten Dollars ($522 ,110 .00) for the Lump Sum Cost for the repair and replacement of the roof per the specifications . In addition, they bid a cost of Sixteen Dollars ($1 6.00) per square foot for additional work repair and replacement that may be found during the course of the project. The total recommended bid award price is in the amount of Five Hundred Fifty-Four Thousand Six Hundred Fifty-Four Dollars ($554,654.00), which is the lump sum cost plus 15% overage cont in gency . Please prepare a Green Sheet and place on the next City Council Agenda this request to award Bid No. 23-022-2023-PWl-010 Repair and Replacement of Modified Bituminous and Gravel Roof for the not to exceed cost of $554 ,654.00 . Enclosure Cc: Richard Johnson, Clint Steadham 071 City of Fairhope Bid Tabulation B i d No. 23-022-2023-PW-010 Repair end Replacement of Modified Bituminous and Gravel Roof Opened April 25, 2023 at 10,00 A.M. Reviewed ,md Approved as E_qui,i,alent Roof System ! Bid Documents Addendum Bic!_Bond/ Signed I I/ Ill nl TPO PVC TP0 (Ve.rslwcld) Vendor Certifi cate L ump Sum Price Lump Sum Price Lump Sum Price Notarized Acknowledged (YIN) I (YIN) (YIN) ---- Alabama Roofing & Sheet Metal Co .. Inc. y y y No Bid on Sys tem No Bid on System 5604 500.00 GC Locense # 139f'3U E. Cornen Malone Corporation No Bid on System y y y S 1, 125,000.:JO No Bid on System GC Ltense #4 1604 Fin lsHng Solulions $522,1 10 .00 No Bid on SySlem y y y No Bid on Syst~m GC Lcense #4S603 Mid-Western Commercial Roofers Inc y y y $757,720.00 S732 ,270.00 No 810 o n System GC Locense 1125723-Unl,m~ed Roof Doctors of Alabama No Bid on System y N y $578 ,800.00 No Bid o n System GC License #24205 Recommendation: ~L--=----.:2=--~~-c/4~_>,~--~~ri~/~~3 Signature Erin Wolfe, Purcha $/ng Manager Gyp~urn Decking 15% of 13,560 SF TPO Membrane Repair Total Bid Installation System Cost Per Square Overage Not to Exceed Contigency Proposed Foot Mechank:a!y 513.50 S27.459.00 5631 ,959.00 Attaclled Adhered (Glued) $20.00 540,68000 $1 165,680 00 RhinoBond Adhered (Gluec) $16.00 $32 ,544.00 $554,654.00 Adhered (Glued) Durolas1 • Fleecetx,ck S20 .00 S40,680.00 S772,950.00 Adhered (Glued) S60 .00 S122 .040.00 S700,84000 Mechanically Altacheo 072 BID NUMBER: BID TITLE: SEALED BID 23-022-2023-PWl-010 REPAIR AND REPLACEMENT OF MODIFIED BITUMINOUS AND GRAVEL ROOF PUBLIC WORKS PROJECT NO. 202223 PWl-010 BID OPENING/DEADLINE: 10 AM, APRIL 25, 2023 PLACE OF BID OPENING: THE CITY OF FAIRHOPE OF BALDWIN COUNTY, ALABAMA CITY OF FAIRHOPE'S CITY SERVICES & PUBLIC UTILITIES BUILDING 555 SOUTH SECTION STREET FAIRHOPE, AL BIDDER'S NAME AND ADDRESS: FINISHING SOLUTIONS JASON FORRESTER 1001 MORGAN PARK DRIVE PELHAM, Al 35124 PHONE: 205-540-0654 GENERAL CONTRACTOR'S LICENSE: 48603 ALABAMA 073 r S qu:u F tl {j fo $ \ V). DJ?_ M ch ie · II Att ch d 0 h Sondl 1 /2dh r ed (Glu od \ . \)\}:<O \CA<;.~ _ t=\tece,\J C\C.L Q Add nd to t h s o docum n is h r NT CTO , E ISS E OD E DU N i I SU ¾~LY.l 2u~ _ 1\vn ) (1 , )u J.3 ··- ,w '.::> l~y.:& Jb~, ~o ~-3 l giv e e ful l busi n ess :iddress of the CO NTRACTO R nd mus t b sl n d by h m wit h h . u u I 19 n:i t u B d· must fu lsh the full n:a mes of all partn rs and m ust be l gn d with the p:trtn crsh lp n :trrt by OI\ f th nu,,nu;,.,.,. of the ~rmers h l p o r by :i n authorized r pres nl.rtlv e. f ollow d by tho s19rut u :ind d l lion o f lh p n Bid.$ b1 co rpor tlo ns must be "tgn d with the lc g:i.l n:imc of tho c o rpo r:ition followed by lh n:un on nd by tt,e s i gn t ure d des lgnatfo n of the prn ldc nl scc.rct:iry. o r other r n Aulhorl-r mattor. The n iune of e ch perso n sbll al s o be typed or pr nt ad b elo tho s i gn t ur . A b d b y p on w ho .1rfl r, to th s lg lhc ord "pr sldent." "s c re t.:try," "age nt,·• o r oth r dos l g nation w ithout d s cfos ng h i , prlncl p I. m y the b l d of tn Individual s igni ng. When req uosfcd by th Ci ty of Fairhop •, &ldw in County . A l:i b :i n:i. th authority of th offic er s igni n g in bch.ilf of t ho corporation s h:ill bo f u r nish d. 074 If Individual or Partnership (Name of Individua l or Partnership) (Name of Representative Authori zed to sign Bids and CONTRACTs for the firm Print) (Name of Partner P ri nt) (Name of Partner Print ) Ad d ress. _______________________________ _ Phone Number ( , __________ Fax Number ( E-m ail address ---------------'Alabama Contractor's License No. ____ _ Fore ign Entity ID (if outside of Alabama) _____________________ _ If Corporation or LLC Com pany {\\\\~\'I\)\~ So \u~G'i'"\~ lLC., Stat e of Incorporation _-..!,..\\.:...\:...:0:.-'-.:....)....:.0--_ri_:'I_C::.:,'-----------.--------._,---------- Company Representative C, Y\ ~ ' t C\ 1u , { e. b \~ -.. ()J - ( Representative Authorized to sign Bids and CONTRACTs for e firm Pri nt) Company Representative_..,.-::',(=· ..:,&1--o_M_t_1'.,..~....,.....L-:---:---:----::--:-:-----c---:----------,--------- ( R¥resentalive Authorized lo sign Bids and CONTRACTs fo r the firm S ignature) Address I DO 1 f\'hw 3 (l(\ Pcu le t)Jz.,\/U 'ft l ll O..m i\·\ CLI.J 0-Ml u.. Phone Number (c{~ 5Ll 0 -O u 'S L\ Fax Numbe r<JQ.5--7 3 3 -110 d\ E-ma il address o \CtbO. IY\Cl < o&f~ u. 0-.\r\CO AL Contractor's License No. j ~ v 63 '-"' Foreign Vendor Id. _________________ _ BID PROPOSAL NOTARIZATION: STATEOF~Q... couNTY oF &\.dt.:Ym I, the undersigned authorit as C)l,,..)C'e.r respec ti vely , of O~~C2!d:::C~D~~~:filill~~~~ ose name is signed to the fo regoing documen t and wh o is kn own to me , acknowledged before me on this day, tha , being informed of the contents of the docum ent they executed the same voluntarily on the day the same bears date . 075 ITEMIV CONTRACTOR INFORMATION This Section must be printed, completed, and turned in with your bid response to Bid No. 23-022-2023-PWl-010 Project No. 2023 PWl-01 O Repair and Replacement of Modified Bituminous and Gravel Roof Business Organization Name of CONTRACTOR (exactly as it appears on W-9): -5C\~~a 1-oy,e..i¼"-. -~{\\\,,,N ~\u ~c<\~ L\...c:..., Doing-Business-As Name of CONTRACTOR: S \\)Q\ ~~y{~O-<'\ 'VO-d ~-\)~,,( . .1 LOCAL Telephone Number: ;;2.DS -C.:;'-\o -Cl LD '2:A Toll-Free L~c:ic; -7 ~ ·2 ·no~ LOCAL Fax Number: ... t:f\ ... f'. Email address: Q\Q.DC\.~m-t1~'f-CC--,,-t..,.C~ .... ---,j(_u'"\_ OQ . c.c rn Website : 1}{\ ,>n ,nl) ~\ u. ~c., ' • u \ a Form of Business Entity [check one ("X1 Corporation _x_ Partnership Individual Joint Venture Other (desr,ribe): Corporation Statement If a corporation, answer the following : Date of incorporation : ;lDC\.P . . Location of Incorporation : "-ne\\?4 b\.l-f\\) , 1\\Cl..p(\ff\Cl The corporation is held : Publicly A Privately_ Partnership Statement If a partnership, answer the following: Date of organization: Location of organization: _______________________ _ The partnership is: General Limited Joint Venture Statement If a Joint Venture , answer the follow ing: Date of organization : Location of organization : _______________________ _ JV CONTRACT recorded? Yes No Contact: --S 0.. \uf\ 11)'( ~ ( \·~ Phone ,Q ()') -S '-l O -0 LP S '-\ Email Q\O.'D0-\"1\Ct'loo~@ g,a.boc ~VY\ ~H-v no {\u ;;l~5 -7'3 '3 _ 17 u;).,_ END OF CONTRACTOR INFORMATION SECTION 076 ITEMX BID BOND INFORMATION Bids shall be accompanied by a Bid Security equal to 5% (percent) of the bid price, but in no event more than $10 ,000 .00. Bid Security shall be in the form of a Bid Bond or a cashier's check payable to The City of Fairhope . All bonds and/or cash ier's check will be made payable to the City of Fairhope for an amount not less than five (5) percent of the City's or its engineers or architects estimated cost of the Project or of the total bid in the proposal, but in no event more than $10,000.00. Return of Bid Bonds: All bid bonds, except those of the three lowest bona fide bidders, will be returned immediately after bids have been checked, tabulated and the relation of the bids established. The bid bonds of the three lowest bidders may be retained and if so, will be returned as soon as the contract bonds and the contract documents of the successful bidder have been approved and properly executed . In the event it is necessary to defer a contract award for longer than fifteen (15) days, after opening of bids , then all bid bonds, except that of the potential successful bidders will be returned . Award of the contract will be made within the time spec ified after the opening of bids. In the event no award is made within such time, all bids may be rejected, and all bonds returned . Provided; however , the potentially successful bidder may enter into a written agreement with the City for an extension of time for consideration of its bid, in which case, the bidder's bond shall remain in full force and effect, or the City may permit said bidder to substitute a satisfactory surety for the cashier's check if submitted as a guaranty to the bid bond. Forfeiture of B i d Bonds: Should the successful bidder or bidders to whom a contract is awarded fail to execute a contract(s) and furnish acceptable contract securities and evidence of insurance, as required, within thirty (30) days after the prescribed forms have been presented to him/her, the City may retain from the proposal guaranty, if it is a cashier's check or recovered from the principal or the sureties, if the guaranty is a bid bond, the difference between the amount of the contract as awarded, and the amount of the proposals of the new lowest bidder. If no other bids are received, the full amount of the proposal guaranty may be so retained and recovered as liquidated damages for such default. Any sum so retained or recovered shall be the property of the awarding authority. END OF BID BOND INFORMATION 077 PENNSYLVANIA NATIONAL MUTUAL CASUAL TY JNSURANCE COMPANY HARRISB URG , PA BID BOND KNOW ALL MEN BY THESE PRESENTS: That Finishing Solutions, LLC 1001 Morgan Park Pelham, AL 35124 , Principal , and PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY , Surety, are held and finnly bound unto City of Fairhope 555 South Section Street , Fairhope, AL 36532 , Obligee , in the sum of Five Percent of Amount Bid, Not to Exceed Ten Thousand Dollars Dollars ($5% of Amt Bid • Not to Exceed $10,000) for the payment of which we bind ourselves, our legal representatives , successors and assigns, jointly and severally. linnly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Bid 23-022-2023-PWl-010, Replace Mod Bit Roof with TPO or PVC NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified . enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acce ptable to Obligee: or if Principal shall fail to do so, pay to Obligee the damages which Ob Ii gee may suffer by reason of su ch failure not exceeding the penalty of this bond , then this obligation shall be null and void ; otherwise to remain in full force and effect. SIGNED, SEA LED AND DA TED this 04/2112023 . By : _,.,.__.._Ll..a.,J._, \.-_..._{ ..... o _\L___,_., )'--------(Seal) !)son Forrester. Principal PENNSYLVANIA NATIONAL MUTUAL CASUAL TY INSURANCE COMPANY By : _____ /1=~-~------------- LL/<)wcn C. Peak , Attomey-ln-f;,ct Form 78-0250 rev 12/2013 078 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Harrisburg, Pennsylvania POWER OF ATTORNEY 7522 Know All Men By these Present', Th~I PENNSYLVANlA NATlONAL 11,,fUTUAL CASUALTY INSURANCE COMPANY, a corporation oflhe Commonwealth of Pcnn.~ylvania, does herehy make , constitute and apJX)int JERE D. PEAi<, DONNA Q . KEE, LAUREN ADAMS, ASHLEY MASON, AND OWEN PEAK, ALL OF SELMA, ALABAMA (EACII) its true and lawful Attorney(s)-in-Fact to make , execute, seal and deliver for and on its behalf, as surety, as its act and deed: ANY AND ALL BONDS AND UNDERT AKJNGS PROVlDED TIIE AMOUNT OF NO ONE BOND OR UNDERT AKJNG EXCEEDS THE SUM OF THREE MILLION DOLLARS·············· ($3,000,000 .00) ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUT NOTI CE AT MlDNIGHT ON APRIL 30, 2027, AS RESPECTS EXECUTION SUBSEQUENT THERETO . And the execution of such bonds in pillSuance of these presents shall be as binding upon said Company as fully and amply, to all intents and purposes , as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Harrisburg, PeMsylvania, in their own proper persons . This appointment is made by and under the authori2.&tion of a resolution adopted by the Board of Directors 0f the Company on October 24 , l 973 at Harrisburg , Pennsylvania wlrich is shown below wid is now in full force and effect . RESOLVED , lhaL tl) the President, any Vic e President, the Secre1ary , or eny Department Secretary !11all have power to app oint and 10 revoke the appointments of, Altomcys-in-Fact or agents with power and autl1ority as defined or limited in their respective powers of atlomcy, and to cxcrule on behalf of the Company, 1111d affix tl1e Company's seal thmto, bonds, undcnak.ings, recogniWlce's, contncts of indannity and other wriucn obligations in the naUJ re thereof or related lhcrcto; and (2) any of such Officers of U1e Company may appoint and revoke tl1e appointments of joint-control cu~od1aJ1s, agents for acceptance of process, and Allorncys-in-Facl wiU1 authority to execute waiven; and consents on behalf of the Compally; and (3) the signature of any such Officer or of any Assistant Sccrd.ary or Departmenl Assi11.an1 Secretary and the Company seal may be affixed by facsimile lo any power of auorncy or certification given for the execution of any bond. undertaking , recognizance , conlnlcl of indemnity or other written obligation in the natur e there<lf ur rclaled thereto , such signature and seal when so ustcl whether heretofore or hereafter, being hereby ad opted by tl1e Company as the original signature-of such Ofliccr and the original seal of the Ccmpnn)', to be volid and binding upon the Company wiU1 the same force and effect as though manu ally ;.flixed . In Wltncsr Whereof: PENNSYLVANIA NATIONAL MUTUAL CASUAL TY INSURANCE COM PANY has caused these presents to be signed and its co rp or ate seal lo be hereto aOixed 011 April 17 , 2017 . PENN SY L \I ANIA NATIONAL MUTU AL CASUAL TY INSURANC E COMPANY Commonwealth of Pennsylvania, Cow1ty of Dauphin -ss : On April 17, 2017, before me appeared Mark Fitzgerald to me personally known, who being by me duly swam, did say that he resides in the New Jersey, that he is t11e Vice President -Surety of PENNSYLVANlA NATIONAL MlITUAL CASUALTY INSURANCE COMPANY, that he is t11 e individua.l described in and who executed tlie preceding instrun1enl, and that lhe seal affixed to said instrument is the corporate seal of said Company, and that said instrument wa:; signed and sealed on behalf of said Co mpany by authority and direction of said Company, and the said office acknowledged said instrument to b e the fre e act and deed of said Company. COMMONWEAL TH OF PENNSYLVANIA Notarial Sul Traci A Kimmich, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Oct 31 , 2020 Member, PeMsytvania Association of Notaries I, Mark Fit7~erald, Vi ce President -Surety of the PENNSYLVANIA NATIONAL MUTUAL CASUAL TY INSURANCE COMPANY , a corporation of the Commonwealth of Penn sy lvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attome}', executed by the said Compan)', which is still in foll force and effect. In Witness Whereof, J have hereunt o se t my l111 nd and af!ixed the corporate seal of said Company on 4/21/2023 ~-~- Vice Pres1~-&Uiety 78-19 0e(Rev 1ononl 079 Form W-9 Request for Taxpayer Give Form to the (Rev. October 2018) Identification Number and Certification requester. Do not Department of the T reaswy send to the IRS. Internal Reve nue Service ► Go to www.irs.gov/FormW9 for Instructions and the latest Information. 1 Name (as shown on your Income tax ret urn). Name Is required on this line ; do not leave this line blank . Finishing Solutions LLC 2 Business name/disregarded entity ne.mo , if different from above (') 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions-{codes apply only to Ql OJ following seven boxes . certain entities, not Individual s; see "' instructions on page 3): 0. 0 S Corporation 0 Partnership 0 TrusVestate C: 0 Individual/sole proprietor or 0 C Corporation 0 -~ single-member LLC Exempt payee code C,f any) !~ Q Limited llablilty company . Enter the tax classification (C=C corporation , S=S corporation, P=Partnersh lp) ► s 5 2 Note: Check the appropriate box in the li ne above for the tax classification of the single-member owner . Do not check Exemption from FATCA reporting C i; LLC tt the LLC Is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC Is code (If any)' !~ another LLC that is not disregarded from the owner for U.S. federal lex purposes . Otherw ise , a single-member LLC that I;: Is disregarded from the owner should check the appropriate box for the tax class tt ication of its owner. 1i □ Other (see Instructions) ► CAPPN,s to a«ounts maimWMKI outuc1-tN U.S.) r% 5 Address (number , street , and apt. or suite no .) See instructions. Requester's name and address (optional) al 1001 Morgan Park Drive (/) 6 City, state, and ZIP code Pelham , AL 35124 7 List account number(s) here (optionaQ -·~· , .... Taxpayer Identificatio n Number (TIN) I Social security number I Enter you'. TIN In _ the app_ro~ri~te box. :h~ TIN provided must match the name given on line 1 to avoid backup w1thho ld1 ng . For 1nd1v1duals, this 1s generally your social secunty number (SSN). However, for a res ident alien , sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, It Is your employer Identification number (E IN). If you do not have a number, see How to get a TIN, later. [IIJ -DJ -I I I I I or Note: If the account Is In more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. I Employer Identification number 14 -1923682 Certification Under penalties of perjury, I cert ify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that I am subject to backup withholding as a result of a failu re to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S . person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out item 2 above ii you have been notified by the IRS that you are currently subject to backup withholding because you have fa il ed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, c ancellation of debt, contributions to an individual retirement arrangement ~RA), and generally , payments other than interest and dividends, yo r ~ e uired to sign the certification, but you must provide your correct TIN . See the instructions fcx Part II , later. Sign Here Section references ar !b the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identif ication number (ATIN), or em ployer identification number (EIN), to report on an information return the amount paid to you, or other amount reportab le on an Information return . Examples of information returns include, but are not limited to , the following, • Form 1099-INT (interest. earned or paid) Cot . No . 10231X Date ► 4 /18/202 :.. • Form 109g_DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tu ition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN . If you do not return Form W-9 lo the requester with a TIN, you might be subject to backup withholding . See What is backup withholding, later. Form W-9 (Rev. 10-2018) 080 3.0 INSURANCE REQUIREMENTS ITEMV INSURANCE Awarded CONTRACTOR, at Its sole expense, shall obtain and maintain in full force the following insurance to protect the CONTRACTOR and the City of Fairhope at limits and coverages specified herein. The City of Fairhope will be listed as an additional insured under the CONTRACTOR'S general liability insurance and automobile liability Insurance pol icies, and all other applicable policies and certificates of insurance. These limits and coverages specified are the minimum to be maintained and are not intended to represent the correct insurance needed to fully and adequately protect the awarded CONTRACTOR. 3 .01 All insurance will be provided by insurers by admitted carriers in the State of Alabama , shall have a minimum A.M . Best rating of A-VII and must be acceptable to the City. Self-insured plans and/or group funds not having an A.M . Best rating must be subm itted to the City for prior approval. 3 .02 NO WORK IS TO BE PERFORMED UNTIL PROOF OF COMPLIANCE WITH THE INSURANCE REQUIREMENTS HAS BEEN RECEIVED BY THE CITY. 3.03 Worker's Compensation and Employers Liability Part One: Statutory Benefits as required by the State of Alabama Part Two: Employers Liability $100,000 Each Accident $100,000 Each Employee $500 ,000 Policy Limit 3 .04 U.S. Longshoreman & Harbor workers Act (USL&H)- Required if CONTRACT involves work near a navigable Water-Nay that may be subject to the USL&H law. 3.05 Maritime Endorsement (Jones Act)• Endorsement required if CONTRACT Involves the use of a Vessel. Or include coverage for "Master or Members or Crew" under "Protection and Indemnity" coverage (P&I), unless crew is covered under Workers Compensation. Bodily injury by accident Bodily injury by disease $1,000,000 Each Accident $1 ,000,000 Aggregate 3.06 Commercial General Liability Coverage on an Occurrence form with a combined single limit of (Bodily Injury and Property Damage combined as follows : Coverage to include : Each Occurrence Personal and Advertising In j ury Products/Completed Operation Aggregate General Aggregate Premises and operations Personal Injury and Advertising Injury Products/Completed Operations Independent BIDDERS Blanket Contractual Liability Explosion, Collapse and Underground hazards Broad Form Property Damage $1,000,000 $1,000 ,000 $2,000 ,000 $2,000,000 Railroad Prote ctive Liability Insurance if work involves construction, demolition or maintenance operations on or w ithin 50 feet of a railroad. 081 3.07 Automobile Liability Covering all Owned, Non-Owned, and Hired vehicles with a limit of no less than $1,000,000 combined single limit of Bodily Injury and property damage per occurrence. 3.08 Certificate of Insurance A Certificate of Insurance evidencing the above minimum requirements must be provided to and accepted by the City PRIOR to commencement of any work on the CONTRACT. Each policy shall be endorsed to provide ten (10) days written notice of cancellation to the CITY Such insurance as is afforded by the above policies covers the operations undertaken by the insured with respect to the construction of the project above designated. The insurance afforded by the above designated policies, specimen copies of which have been filed with the CITY, and to each of which is attached for following endorsement. The insurer agrees with the insured as follows: 1. That it will furnish to said City of Fairhope a certificate of insurance in triplicate on a form approved for such purpose by said CITY, setting forth the pertinent information regarding the policy to which this endorsement is attached, for each project of said CITY to which the policy applies. 2. That it will attach to each said certificate of insurance executed copies of any endorsement other than this endorsement which are attached to said policy at the time sa id policy is issued, provided only that said endorsements affect the coverage of said policy in respect of operations involved in the construction of the projects of said CITY to which the policy applies . 3. That it will mail to the City Council of the City of Fairhope three executed copies of each endorsement subsequently issued to become a part of said policy provided only that endorsement affects the coverages of said policy in respect of operations involved in the construction of the project of said CITY which the policy applies, and provided further that such endorsement shall not be effective unless such notice is given to the CITY at the same time that notice thereof is given to the insured . 4. That it will mail to the City Council of the CITY of Fairhope at least ten days before the effective date thereof notice of cancellation of said policy , provided no cancellation shall be effective unless such notice Is given to the CITY. END OF INSURANCE REQUIREMENTS 082 _..........., ACORD '---' FINISOL--01 CERTIFICATE OF LIABILITY INSURANCE I IAnA.MS CATE (MM/00/YYYY) 2/23/2023 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 BYTHEPOLICIES 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(les) must have ADDmONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcie& may require an endorsement. A statement on this certificate doea not confer rlghta to the certificate holder In lleu of such endorsement(si. PRODUCER Peak Insurance, Inc. 1003 Broad Street Selma, AL 36701 --------------·--· --.. ------- INSURED Finishing Solution s , LLC 26300 Martinique Drive Orange Beach , AL 36561 COVERAGES CERTIFICATE NUMBER: I CONTACT JiAMi:;L... __ -·--··--·--------------------- Jl)gJ.N:o, Exl)j334) 872-2303 ------·· 1 fffc . No :(334) 875-822 5 xthAI~ -· -------- -8 6'-'\.: ____ -----··--------------------7--··--. ~-----_ _ ______ INSURER(Sl_HFOROlNG COVERAGE __ __ ____ NAJC # __ _ __ _ __! lli.!l,J~R A : ~!U~ f:~rs~er Speclaltv lnsuran~~ Com..2_a_!1.Y._ ~-4~20 _ _ _INSURERB:Pennsylvania National Ins . Co. _________ 14990 __ _ INSURER c : Evanston Insurance Co ___ _ ___ .. ____ ~35378 __ , INSURER D_: _______________________________ _ l..lli S!IBEllE__; ____________ ---·--------------· I INSURER F : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE PO LICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER MS, EXCLUSIONS AND CONDITIONS OF SUCH PO LICIES . LIMITS SHOWN MAY HAVE BE EN REDUCED BY PAID CLAIMS . 1~-:-:1 -,..;;,~F ,.;URANCE . -T~.'?..0.\-,~~~ POLICY NUMSER . ,.~OLICY EFF POLICY EXP ! LIMI~ --------- A '._!_l COMMERC IAL GENE ~_L_UABIUTY 1 • L_EACH OCf.!,!RRENCE -~ __ ·---~·000,000 ~--~ cLA1Ms-MADE t.!_ occuR ,cPs1so8201 1 112012023 i 112012024 ~~~H?E~~~-i s _ !~~~ ; ' --------· --------' ...M£!2...EXP <Anv_or~Jl!l(~.9.nL _j __ -5,000 .•. __ ___ ____ _____ _ i : ; : PERSONAL&AOVINJURY ~ 1,000,00~ J;J;!l'L AGGRE_QAJ_E LIMIT APr~IES PER : : ~_ENERAL AGGREGATE -~ S ---~--2,_00~_;~~~0 _ _i POLICY __ .. ' ~f& . __ LOC , , ,_P_B_Qt;l l,l.£!.§•COMPIOPAGG . $ ______ 2,000,000 ! OTHER : ! ! i S B AUTOMOlslLE LIABILITY •-x-: ANY AUTO : : ' COMBINED SINGLE LIMIT 1,000,000 ' ,Jf02<M<t'lll_ _____ ~-------·-- :AU90705436 118/2023 1/8/2024 ~ODILYINJURY~!!•l'SOIJJ$ __ _ C •---< OWNED ' I AUTOS ONLY ,--, •-· _' ~L'W?s ONL Y I i i :~ f5~5~ULED '. __ ~a,.iiirm~ ; · UMBRELLA LIAB i X OCCUR :-x--· EXCESS LIAS /--: CLAIMS-MAOE j ~ • I ! OED . RETENTIONS I !'~rf ~~~f~-fE'°fs~~¾1L9-Pv 'ANY PROPRIETOR/PARTNER/EXECUTIVE YJJll 'QfFICERIMEMtlER EXCLUDED? ' , N / A (Mandatory In NH ) ----' i If ves, descnbe under , 'Ol'SCR IPT ION OF OPERATIONS below ! I I XOBW9212622 1/20/2023 , 1/20/2024 ! BODILY INJURY .Jeer accod~----- ~lei~~~?~MGE _____ L -- LEAC H OCCURRENCE _ _1 __ --~~00 ,000 i AGGREGATE _L 1,000,000 ·----·----·-------·---r -·-.. . . -·- : s ' ' PER I I OTH-i--.SlAf!JTE ~~.ER..__ _ _ __ .. f'"E.L. EACH ACCIOENT ____ __L____ ___ _ ,_E.L. DISEASE -EA EMPLOYEE; S _____ _ E.L. DISEASE· POLICY LIMIT $ OE$CRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remark• Schedule , may be attached If more apace I• required) CERTIFICATE HOLDER Wiggins Bldg, Corp . 600 Vestavia Blvd 120 Birmingham, AL 35216 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTMORIZED REPRF.IU!1NTATIVE I ~ l c l 1J.. 1. J!. )'\__ C ..clo., Y~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are r egistered marks of ACORD 083 Compa ny ID Number: 1886097 Approved by: Employer Finishin g Solutions LLC Name (Please Type or Print) Title j aso n h forrester I l. \ I Signature Date Electron ically Signed 04 /14/2023 Department of Homela nd Secu rity -Verification Division Name (Please Type or Print) Title USCIS Ve ri fication Division Signature Date Electronicall y Sig ne d 04/17/2023 ~. Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 084 -I Company ID Number: 1886097 Information Required for the E-Verify Program Information relating to your Company: Finishing Solutions LLC Company Name 1001 Morgan Park Drive Pelham, AL 35124 Company Facility Address Company Alternate Address County or Parish SHELBY Employer Identification Number 141923682 North American Industry 236 Classification Systems Code Parent Company Numbe r of Employees 5 to 9 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU fo r Employers \ Re vis io n Date 06 /01 /13 085 Company ID Number: 1886097 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State : AL Page 15 of 17 E-Verify MOU for Em ployers I Revision Date 06/01/13 086 Company ID Number: 1886097 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name iason h forreste r Phone Number 2057331702 Fa x Email alabamaroofca>.vahoo .com Page 16 of 17 E-Ve r if y MOU fo r Employe r s I Revis io n Dat e 06 /01 /13 087 1 it! I'-, l l l ' I I II H \ 1"111 \(, )-Of.I 110'\~ LI.C l'FI ll \ \I , \I '.\512~ II '..\ l ,I I •·Ill:. t,·, I l l h .' ..... I i. ' ' '!' .. i .... f t l \. \. ... BC S ROOFING Ul "\\\I 088 C 1111 ' l,l{li' I .I I \1 \IU lll .\11''.J, \111,l 11 \\ h I 1111 . \ '\ 1 >IU \\ -. I ' ( '•· .• 1;rn,11,1 ,II \\I 11 Ol{t \1 I \ l 1 l.' ,f ••• I .· -~-f-~ ;!;;~. -~ . "~ _,._ ·.~ : . . .. .:~-, .. I '' Ill 'I ,, 11 I I Al.:\BA!\L\. Ll C F.i\:SlNG BOARD VOR (;ENERAL CO:\TH ,\('TOl{S 1111 \" LO\ HJ·~:,. 1''-1 < l II\ I lllRI CIOR !.-i •1i,bin~ !-r hdnn , L L C. lltlJ \!1•1~.111 !'.ir k Dri ,c P ·'h,1111 . \I .~~ 12 ➔ Rt :: l,l('ENSJ-: # -HH103 B< ·-~: R11olinl,! BC-S : SiJin g ln~t a llntion .(.JS l>l.\'.'J 1:H ,\ \ F"lil I', ~lTIT .\(H10 \1()'.',((;()'11:H\, \1 ,\11\\1\ .lf•l04 ·11 Lr 1'110'\I' '\0 .. 1.\.J 2~~.,1,311 I \\',(I .l .\.j .,VI~ ~J_l/1 J !:1 , ,1111,.-ndn l"ll t h :c ,1111e l'ffl·d i,l' '.\o,cmhc r 18 . 2u .:'2 . an d h not rl'll 1,1..:ti, · l'kJ,c .1:t.k l· :h ., 1,·11..:r :, :~1 u :t,:: li '-·~n,~· '.:,:n1!i ('ah.'. l:i l .,:1:, I <',:I ·, i ,· ua , l' ! )1r-·d"1 089 Requestor : CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Richard D. Johnson, PE ____ Department: Public Work_s __ Project Name: Fairhope City Hall/Civic Center -Repair and Replacement of Roof System ---·----- Project Description: Repair and Replacement of Modified Bituminous and Gravel Roof w/TPO System Project Category: X Bid Professional Service Other: __ ___ _ ____ _ Budget Amount ; $300,000.00 Budget Code: 001260-504 75 Line 10 Budgeted for Current FY: X Yes No BID INFORMATION Bid Duration: As required by Bid Law Project Duration: _60 Calendar Day~- Engineer of Record: Richard D. Johnson, P_E _______________ _ Pre-Bid Meeting: No X Yes X Mandatory Non-Mandatory Scope of Work Provided By: Richard D . Johnson Contract E)(tensions: -------X No Yes Project Manager: Richard D. Johnson/George Ladd Insurance Requirements: Minimum X Maximum Bonds: X Bid X Performance X Labor & Materials Related Bids/RF's ------------- FORCE ACCOUNT INFORMATION 7 I Force Account Project: No Yes Estimated Amount: _____ Budget Code: Notes: --------------------------------------- Requester : SIGNATURES R i Ch a rd D. Di gitally sign ed by Richard D. Johnson, PE Johnson, fE ~~-~e;~2-~-~-~is Senior Accountant: Al,rl!i111 Ste11e __ _._,,\, _, --' _ ... ~~~~--- Mayor: --------- 555 S Section Street/ Fairhope, Alabama 3653Z 251.928.8003 {p) / www.FairhopeAL.gov COF·PUR-(r.JJ 091121 090 RESOLUTION NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request , receive , and open bids for (Bid No. 23-025- 2022-PWI-007) Fairhope Clock Plaza at 555 South Section Street in the City of Fairhope offices , Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: RH Deas Building Co., LLC The Green-Simmons Co ., Inc. Impact Divisions , LLC $282 ,211.00 $390 ,600.00 $316 ,000.00 [3] After evaluating the bids with the required specifications , RH Deas Building Co., LLC is now awarded (Bid No. 23-025-2022-PWI-007) for Fairhope Clock Plaza with a total bid proposal not-to-exceed $282 ,211.00 , which includes a 10 % contingency and Alternate 01. ADOPTED ON THIS 22ND DAY OF MAY, 2023 Attest: Lisa A . Hanks , MMC City Clerk Jay Robinson , Council President 091 City of Fairhope Project Funding Request COF Project No. 2316 Issuing Date : ----=5:.:./1.:..4/.::.2=.0:.:2:.:3:__ Please return this Routing Sheet to Treasurer by : ___ A_S_A_P __ Project Name: Award Bid No. 23-025-2022-PWl-007 Fairhooe Clock Plaza to RH Deas Bulldlna Co. LLC Project Location: Fairhope Ave and Section Street Presented to City Council : __ .=5/:.=2:::212=0=23=--- Funding Request Sponsor. Richard Johnson, Public Works Director George Ladd, Assistant Public Works Director Project Cash Requirement Requested: Cost: $ 282,211.00 (Not-t<HcXceed) Vendor: RH Deas Building Co., LLC Resolution # : Approved _____ _ Changed _____ _ Rejected _____ _ Project Engineer:..:.n:.:la,,___ _____________________________________ _ Order Date:----'"'"-'•=----Lead Time: ___ nl=•-------- Department Funding This Project General D Gas D Electric 0 Water □ Wastewater D Sanitation D Cap Project 0 Impact □ Gas Tax □ Fed Grant D Department of General Fund Providing the Funding Admin-10 0 Bldg-13 0 Fleet-46 0 Go lf-50 □ Project will be: Expensed Capitalized Inventoried Po li ce-15 0 Fire-20 0 Golf Grounds-55 D Museum-27 D -------□ ----'xxx="----0 -------□ Expense Code: -'1.:..03""•.:..558=8"'9 ___ _ G/L Acct Name : Clock Comer Improvements Project Budgeted: $ 37,200.00 Balance Sheet Item-□ Included in projected cash flow Over (Under) budget amount: $ 245,011.00 ECD-24 0 Rec-25 0 Civic-26 0 Marina-34 D Street-35 D Meter-19 D NonDeptFac-75 D Debt Service-65 D Plan/Zone-12 D Adult Rec-30 D Funding Source: Operating Expenses ______ □ Budgeted Capital XXX 0 Unfunded □ Grant: ______ Federal -not to exceed amount ______ State _____ City ______ local Bond : _____ _ Loan : _____ _ Title Title _ _____ Year _ _____ Year General Fund wiU need to fund/transfer to cover the shortage. Authorize transfer. City Council Prior Approval/Date? ______ _ Senior Accountant Purchasing Memo Date: --=5/~1=0=/2=0=2=3 __ Request Approved Date: --=5/~1=5=/2=0=23~_ Signatures: ______________ _ Capital Lease : _____ _ Payment ______ Term City Treasurer Mayor Purchasing Memo Date: __ _,,,5/'-'-1-"'0/"'2"'0"'23:c_ __ Delivered To Date: __ 5=/~15=/=20=2=3~_ IT-16 0 092 Sherry Sullivan Mayo r Council Members : Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Rob i nson Lisa A. Hanks , MMC City Clerk Kimberly Creech City Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251-928 -2136 (p) 251-928-6776 (f) www.fairhopeal.gov MEM O To : From : A islinn Stone, Senior Accountant Kimberly Creech, City Treasurer ~~ Erin Wolfe, Purchasing Manager Date : May 10, 2023 Re : Requesting Green Sheet and App roval by City Council to award Bid No . 23 - 025 -2022-PWl-007 Fairhope Clock Plaza The Director of Public Works , Richard Johnson , has requested to procure the construction of improvements to the City of Fairhope Clock Plaza , located at the northeast corner of Fairhope Avenue and Section Street. A service bid was issued on March 31 , 2023 , posted to the City of Fairhope's website, and viewed by 131 of 390 vendors who select to receive e-notifications . Three (3) responsive bids were received at the bid opening on April 27, 2023 at 2 :00 p .m . Our recommendation is to award this bid to RH Deas Building Co ., LLC for the base bid amount of Two Hundred Seventy-Seven Thousand Seven Hundred Eleven Dollars ($277 .711 .00 ) and an additive alternate amount of Four Thousand Five Hundred Dollars ($4 ,500 .00). The total recommended bid award price is in the amount of Two Hundred Eighty-Two Thousand Two Hundred Eleven Dollars ($282,211.00). Please prepare a Green Sheet and place on the next City Council Agenda this request to award Bid No. 23-025-2022-PWl-007 Fairhope Clock Plaza for $282 ,211.00 . Enclosure Cc: Richard Johnson, Clint Steadham 093 Moiling : 307 De Lo More Avenue Fairhope, AL 36532 1011 Desoto Street Ocean Springs, MS 39564 T : 855.539 .5086 cplodesignplonning .com CHRISTIAN La ndscape Archite c ture April 27 , 2023 City of Fairhope Richard Johnson , Public Works Director Erin Wolfe, Purchasing Manager 161 North Section Street Fairhope , AL 36532 REFERENCE: FAIRHOPE CLOCK PLAZA Bid Number: 23-025-2022-PWl-007 Dear Mr. Johnson and Ms . Wo lf e : We received three bids for the above referenced project at 2:00 PM on Thursday , Apri l 27 , 2023. Please find attached a certified bid tab which details al l bids received . We have reviewed the bid proposals, and the low bidder is RH Deas Building Co., LLC , with a total bid of $282,21 1.00 , which includes a 10% contingency and Alternate 01 , and a ll documentation appears adequate for award should the City of Fairhope choose to move forward with this project. If you have any questions or need additional information concerning this bid, please do not hesitate to contact my office . Sincerely , Christian Preus , PLA CPLA Principal Attachment: Certified Bid Tab 094 BID TABULATION PROJECT NAME: BID NUMBER : PROJECT NUMBER: BID OPENING DATE : TIME : LOCATION : NUMBER OF BIDS RECEIVED : NUMBER OF ADDENDA : PROPOSED BIDDERS RH Deas Building Co ., LLC The Green-Simmons Co ., Inc. Impact Divisions , LLC City of Fairhope Fairhope Clock Plaza 23-025-2022-PWl-007 2022-PWl-007 April 27, 2023 2:00 PM Fairhope City Services & Public Utilities Fairhope, AL 2 General 5% Bid Ack . Contractor Secu rity Addenda 's License Number 57048 $ 10 ,000 done 38125 $ 19,420 done 26038** $ 310 ,000 done *l 0% Contingency in included in Base Bid amount PROFESSIONAL : CHRISTIAN PR EUS LANDSCAP E ARCHITECTURE BASE BID 10% ALTERNATE 01 TOTAL BID CON TINGE NCY* TOTAL $277 ,71 l.00 n/a $4 ,500.00 $282 ,2 l l .00 $384,800.00 n/a $5 ,800.00 $390 ,600.00 $3 l 0 ,000.00 n/a $6 ,000.00 $316 ,000 .00 I certify that this is a correct tabulation of all bids received for this Project on the date stated above . (After having checked the Contractor's Name and General Contractor License# at the Contractor 's Board and the Contractor's Name at the Secretary of State's 04/27/2023 Christian Preus, PLA Date Christian Preus Landscape Architecture, PLLC ** no records found on Alabama State Board of Contractors, by license number, name of company, or name of principal 095 RESOLUTION NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did solicit quote s for the Procurement and Installation of a Ten (10) Foot Dump Body. [2] After evaluating the quotes with the required specifications , Truck Equipment Sales , Inc. is now awarded the Procurement and Installation of a Ten (10) Foot Dump Body on an International 4300 Truck with a not-to-exceed total amount of $21 ,882 .00 . ADOPTED ON THIS 22ND DAY OF MAY, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 096 City of Fairhope Project Funding Request C0F Project No. 2317 Issuing Date : ----'-5-'-/1-'4_/2_0-'2_3 __ Please return this Routing Sheet to Treasurer by : ---'-A"'S-'-'A"-P __ Project Name : Approval of Procurement and Installation of a Dump Body for 2013 International 4300 truck VIN#3HAMMAARDL 197363 Project Location : ~S~tre~e~ts~----------------- Presented to City Council : ___ 5/_2_2/_2_02_3 __ Funding Request Sponsor: Richard Johnson, Public Works Director George Ladd, Assistant Public Works Director Project Cash Requirement Requested : Cost: $ 21 1882.00 fNot-to-Exceed) Vendor: Truck Equipment Sales, Inc. Resolution # : Approved _____ _ Changed _____ _ Rejected _____ _ L Project Engineer:~n"-/a"--------------------------------------- Order Date : -----'-n"-/a"---Lead Time: ---'n"'/"'a _______ _ Department Funding This Project : ' Gas D Electric D Water □ Wastewater D Sanitation D Cap Project D Impact D Gas Tax D Fed Grant □ Department of General Fund Providing the Funding Police -15 D Fire -20 D ECD-24 0 Rec-25 0 Stteet--36 0 Meter-19 D Adm in-10 0 Bldg -13 0 Fleet-46 □ Golf-50 □ Golf Grounds-55 D Museum-27 D NonDeptFa c-75 D Debt Serv ice-85 D Civic-26 □ Marina-34 D Plan/Zone-12 0 Adult Rec-30 □ Project will be : Expensed Capitalized Inventoried -------□ XXX 0 -------□ Expense Code : 001350-S0470 G/L Acct Name: Vehicles and Equipment Project Budgeted: _$~_~2=2,-'-50~0~.0~0_ Balance Sheet Item- Included in projected D cash flow ------- Over (Under) budget amount: _$"-__ _.(-'-61'-'8"'.0~0..._) City Council Prior Approval/Date? ______ _ Senior Accountant Purchasing Memo Date : --~S/~1~0~/2~0=2=3 __ Request Approved Date : -~5"'-/"-'15"'/2=0c:2=-3 __ Signatures: ~A~is~li~n-n~S~to_n_e _________ _ Funding Source : City Treasurer Operating Expenses D Budgeted Capital --xxx=--0 Unfunded D Grant: ______ Federal -not to exceed amount ______ State _____ City ______ Local Bond : _____ _ Loan : _____ _ Capital Lease: _____ _ Title Title Payment ______ Year ______ Year ______ Term Mayor Purchasing Memo Date : ___ 5~/~10~/=20~2~3~--Delivered To Date : -~5/--'-1~5/=2=0=23~- ReqX°ved Date: 5/15/2023 ~~ Kil'n IT-16 O 097 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks , MMC City Clerk Kimberly Creech Treasurer 161 North Section St. PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251-928-6776 (f) www.fairhopeal.gov MEMO To: Kimberly Creech, Treasurer From : Date: Re: Erin Wolfe , Purchasing Manager May 10, 2023 Green Sheet and City Council Approval of Procurement and Installation of a Ten Foot Dump Body on an International 4300 Truck The Assistant Director of Public Works , George Ladd , is requesting procurement and installation of a ten (10) foot dump body on an International 4300 Truck Model Year 2012 , VIN 3HAMMAAR2DL 197363. A request for quote was sent to three (3) potential vendors for this purchase . Two (2) quotes were received , and one (1) No Bid was received. The quote from Truck Equipment Sales , Inc . was the lowest at Twenty-One Thousand Eight Hundred Eighty-Two Dollars ($21,B82.00). The quoted installed price includes : • Dump Body F-10-3238; 10 FT with 38" Dump Thru Tailgate Air Operated , includes PTO and Pump, Telescopic Dump Cylinder. Installed Price $18 ,992 .00 • Body Removal of old Dump Body $2 ,040 .00 • Driveaway and Delivery $850.00 This cost is under the budgeted amount of $22 ,500 .00 . This purchase is exempt from formal bidding per Code of Alabama 1975, Section 14-16-52 , which states : "All expenditures of funds of whatever nature for repair parts and the repair of heavy duty off-highway construction equipment or of any vehicles with a gross vehicle weight rating of 25,000 pounds or greater, including machinery used for grading, drainage, road construction, and compaction for the exclusive use of county and municipal highway, street, and sanitation departments, involving not more than twenty-two thousand five hundred dollars ($22,500) made by or on behalf of any county commissions and the governing bodies of the municipalities of the state, and the governing bodies of instrumentalities, including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions, shall be made, at the option of the governing boards, bodies, instrumentalities, and commissions, without regard to this article. The foregoing exemption from this article shall apply to each incident of repair as to any repair parts, equipment, vehicles, or machinery. The amount of the exempted expenditure shall not be construed to be an aggregate of all the expenditures per fiscal year as to any individual vehicle or piece of equipment or machinery." NOTES: See Attached Vendor Proposal for Details . Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement and installation of a ten (10) foot dump body on an International 4300 Truck for $21,882.00. CC file , George Ladd , Richard Johnson , Tim Bung , Clint Steadham 098 I RUCK EQUIPMEN I Date Va lid Until Quote# Customer ID April 19, 2023 Customer : CITY OF FAIRHOPE TIM BUNG 251-454-1756 tim.bung@fairhopeal .gov D cscr1p t 1on SALES, INC. 30 DAYS 041823-2 928-8003 Quote/Project Description 10 FT DUMP BODY FOR 84"CA - DUMP BODY F-10-3238 10FT WITH 38" DUMP THRU TA IL GATE AIR -OPERATED, INCLUDES PTO AND PUMP, TELESCOPIC DUMP CYLINDER INSTALLED PRICE BODY REMOVAL IF NECESSARY DRIVEAWAY AND DELIVERY ,,,. - -- Speci a l Note s and Instructions Subtotal Quote Lm c Total 18992.00 2040.00 850.00 • 21882 .00 Once signed , please Fax, mail or e-mail it to the provided address . Any item not listed should not be assumed included Discount [ I Sales Tax Rate c:==============:· Sales tax is not included unless otherwise listed Sales Tax Total 21882.00 Above information is not an invoice and is only an estimate of services/goods as described. Payment and/or deposit will be _..£ollected prior to delivery of services/goods described in this quote . Please confirm your acceptance of this quote by signing this document I s ignature !Print Name J Thank you for your business! Should you have any Inquiries concerning this quote, please contact Jimmy Hamrick 4700 Rangeline Rd , Mobile, AL, 36619 Tel : 251-666-8606 Fax: 251-666-8676 E-mail: jimmy@truckequipmentsales .comweb:www.truck equipmentsales.com ' 099 Name: George Ladd Department: Public Works CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Date: 5/1/2023 ----------------------- Expenditure Threshold** Distinctions Quotes Required · Approval Green Sheet Under $5,000 No restrictions Not Required N/A N/A Util ities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A Greater than: Operational NON-Budgeted Three Council Re uh'id . .JI .. . - Gen Govt -$5,001 Utilities -$10,001 Gen Govt -$5,001-$15,000 Operational Budgeted Three Treasurer N/A Utilities -$10,001-$15,000 Over $15,000/$50,000 Operational Budget• State Bid List or Treasurer/Mayor N/A Buying Group Over $15,000/$50,000 Operational Budgeted Bids Council Regulred Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council 8~!.ilc'ea Resolution N/A N/A Beg:y1c,~d N/A N/A Rligutred Rggtilr~d *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer's approval if they are on the State Bid list or from an ap roved buying group. Items that are over budget must go to Council for approval ond will require a green sheet and resolution. to p"mrla_K vJdetl b 'lhe 'city.,![ f4.e total ririiofi_r/t is ,Wit l1]"$JQ,OQOiJ =~"~-· ,...,,_,,.._ ... ,,,..,...,.....::' r , . fortrHJI bl4,. als . . Vendor Name 1. Truck Equipment Sales INC 2. Gulf City Body & Trailer Works INC 3. Commercial Van Specialist INC QUOTES $ 21,882.00 $ 23,812.00 Vendor Quote $ Not Quote At This Time Check any applicable boxes: D State Contract □ ALDOT D Purchasing Group D Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purch Removal of Old Body Install new Dump Body F-10-3238 10FT with 38" Dump Thru Tailgate Air Operated, Includes PTO & Pump, Telescopic Dump Cylinder 2. What is the total cost of the item or service? $21882 .00 3. How many do you need? One 4. Item or Service Is: D New D Used ~ Replacement □ Annual Request 5. Vendor Name (Lowest Quote}: Truck Equipment Sales INC 6. Vendor Numer # 254 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 D No □ Emergency Request 2. If budgeted, what is the budgeted amount? $22,500.00 3. Budget code: 001350-50470 Email completed form with quotes and other supporting documentation to PUR-004 -082522 100 QUOTATION QUOTE# 25334 Gulf City Body and Trailer Works, Inc. 601 S. Conception Street, P.O. Box 144 Mobile, Alabama 36601 (251) 438-5521 FAX: 251-433-7910 1-800-388-7950 CUSTOMER CITY OF FAIRHOPE (C0580 ) P.O . DRAWER 429 FAIRHOPE AL 36533 ATTN MR. TIM BUNG QTY PART NO DESCRIPTION OF REPAIRS AND REPLACEMENTS REMOVE SERVICE BODY FROM TRUCK FRAME. FURNISH AND INSTALL ONE NEW 10YRD MAVRICK DUMP BODY WITH 10GA PLAIN SIDES , 361N HEIGH SIDES AND 3/16" FLOOR ON 12" CROSS MEMBERS. TAILGATE MEASURES 44" HIGH AND IS AIR OPERATED . CAB SHIELD LENGTH IS 24". DUMP APRON LENGTH IS 8" BODY COMES WITH ONE FRONT TO BACK ELECTRIC TARP SYSTEM WITH VIYNL TARP. BODY IS PAINTED BLACK* SIDES COME WITH 8" BOARDS** DATE 4/26/2023 UNIT NO. 01022 MAKE OR TYPE NAVISTAR MODEL TRUCK SERIAL DFL 197363 CUSTOMER TEL LBR HRS NET EACH TOTAL NET $18,957.00 • Premier Provider of Full-Service Repairs, Quality Pa_rts, and all types of New and Used Trailers, Tanks, Bobtails , and Truck Equipment. We appreciate the opportunity to submit this quotation . Gulf City Body and Trailer Works, Inc:- Approved By: ________________ _ PO#: THIS QUOTE MUST BE SIGNED OR A PO# ISSUED BEFORE WORK CAN ST ART LABOR TOTAL. PARTS TOTAL F.E.T SALES TAX FREIGHT SHOP SUPPLIES QUOTATION TOTAL IF PAYING WITH A CREDIT CARD THERE WILL BE A 3% TRANSACTION FEE ADDED. QUALITY EQUIPMENT AND SERVICE FOR THE TRANSPORTATION INDUSTRY SINCE 1945. $2,880.00 $18,957.00 $0.00 $0.00 $1,800.00 $175.00 $23,812.00 101 Commercial Van Specialist Inc . 26320 Highway 59 Loxley , AL 36551 251-964-2032 truckupfit@gmail.com ADDRESS CITY OF FAIRHOPE PO Drawer 429 FAIRHOPE , AL 36533 ESTIMATE# 9300 DATE DUMP BED NO BID Accepted By DATE 04/28/2023 Estimate DESCRIPTION SHIP TO CITY OF FAIRHOPE CITY OF FAIRHOPE 555 SOUTH SECTION FAIRHOPE , AL 36532 QTY SUBTOTAL TAX TOT AL > -- Accepted Date COMMERCIAL VAN SP ■CIALl ■T S 251.964.2012 RATE AM OUNT 0.00 0.00T 0.00 0.00 $0.00 • 102 \ 103 ., ooa. 4300SBA4X2 104 RESOLUTION NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope has voted to approve the procurement for Intelligence- led Policing Sensor Kits for the Police Department from ProTecVideo , LLC as sole source provider of the tag.NET program ; and authorizes procurement based on the option allowed by the Code of Alabama 1975 , Section 41-16-51(13). The total amount will not-to-exceed $20 ,000 .00. [2] Budget needs to be moved from 001150-50340 General Supplies to 001150- 50470 Vehicle and Equipment. ADOPTED ON THIS 22ND DAY OF MAY , 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson , Council President 105 City of Fairhope Project Funding Request COF Project No. 2318 Issuing Date : __ ..c5c.c/1-=-4/"-2~0c..c2c..c3 __ Please return this Routing Sheet to Treasurer by : __ .;...Ac=S-=-A::...P __ Project Name : Aooroval of the orocurement of lntelllaence-LEO Pollclna Sensor Kits from ProtecVldeo Project Location: Fairhope Ave and Section Street Presented to City Council : __ ...c5cc/2c.=2/c.c2c..c0=2~3 __ Funding Request Sponsor. Stephanie Hollinghead, Chief of Police Tyron Hoskins, Administrative Assistant Project Cash Requirement Requested : Cost $ 20,000.00 fNot-to-€xcoed) Vendor: ProTecVldeo Resolution # : Approved _____ _ Changed _____ _ Rejected _____ _ Project Engineer...:.n/=.ca=----------------------------------------- Order Date: ____ n/-=-a~--Lead Time : __ ...;n:.::l.=a _______ _ Department Funding This Project Genent/0 Gas D Electric D Water □ Wastewater D Sanitation D Cap Project D Impact D Gas Tax D Fed Grant D Department of General Fund Providing the Funding Admin -1 0 0 Bldg-13 0 Fleet-46 0 Go~-50 0 Po/i<»-15 0 Fire-20 D ECD-24 0 Rec-25 D Civic-26 D Marina-34 D Street-35 D Meter-19 D Golf Grounds-55 D Museum-27 D NonDeptFac-75 D Debt Service-85 D Plan/Zone-12 0 Adult Rec-30 0 Project will be: Expensed Capitalized Inventoried -------□ --~xxx~=---0 -------□ Expense Code : 001150 -50470 GIL Acct Name: Vehicles and Equipment Funding Source : Project Budgeted : $ Balance Sheet Item- Included in projected 22,500 .00 001150-50340 General Supplies D cash flow ______ _ Over (Under) budget amount: ~$ __ ..,(e:;2,"'5"'00::..:.0;:.:0"--) ProTecVldeo i• the sole source provider to tag.Net Program. Budget needs to be moved from 001150-503411 General Supplies to 001150-50470 Vehicle and Equipment. City Council Prior Approval/Date? ______ _ Senior Accountant City Treasurer Operating Expenses ______ □ Budgeted Capital XXX 0 Unfunded D Grant: ______ Federal -not to exceed amount ______ State _____ City ______ Local Bond : _____ _ Loan : _____ _ Capital Lease : ____ ...:c.._ Title Title Payment ______ Year _ _____ Year ______ Term Mayor Purchasing Memo Date : __ :,c51'-'1_,,2,._,/2"'0.,,_2::.3 __ Request Approved Date: --=5/~1~5=/2=0=2=3 __ Purchasing Memo Date : __ _,,,5/'-'1"'2/"'2"'0"'23"----Delivered To Date : -~5/~1_5/~2~0=23~- Signatures: ______________ _ IT-16 □ 106 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251 -928-6776 (fl www.FairhopeAL.gov MEMO To: Kimberly Creech, Treasurer From : Erin Wolfe , Purchasing Manager Date : May 12 , 2023 Re : Green Sheet and City Council Approval for the Procurement of Intelligence-led Policing Sensor Kits The Chief of Police, Stephanie Hollinghead , is requesting approval of the procurement of Intelligence-Led Policing Sensor Kits . There is a regional multi-agency collaboration that networks license plate recognition (LPR) cameras from across the region. This collaboration uses the proprietary security camera platform tag .NET. ProTecVideo is the sole source provider of tag .NET program . The purchase will include: • Cloud based camera system for Site 1 (South of Fairhope on Hwy 98) Two (2) tag .NET cameras with 1 OV Comm Box with electronics for cloud and Al, plus labor for configuration/installation . $9,000.00 • Cloud based camera system for Site 2 (North of Fairhope on Hwy 98) Two (2) tag .NET cameras with 1 OV Comm Box with electronics for cloud and Al , plus labor for configuration/installation . $9,000.00 • Modify existing traffic trailer to add one (1) Rekor camera with network switch and electrical configuration . $2,000.00 The total budgeted cost for this procurement is Twenty Thousand Dollars ($20,000 .00). NOTES : See Attached Vendor Estimate, Sole Source Letter, and Memo from the Chief of Police for details. Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement for the Intelligence-led Policing Sensor Kits from ProTecVideo for the Police Department for $20,000.00. CC file , Stephanie Hollinghead , Clint Steadham 107 * t.\4'0 ~~~otecvideo LLC -Q~. Box25 Estimate Stockton , AL 36579 US 251-610 -6802 jmurphy@protecvideo.com Protecvideo .com ESTIMATE# 1588 ADDRESS David Hall City of Fairhope DATE 04/18/2023 DESCRIPTION Security Cameras DATE ACT IVITY Cam System Cloud based camera system Site 1 (South of Fairhope on Hwy 98) 2 tag.NET cameras with 1 OV Comm Box with electronics for cloud and Al Labor for configuration / installation Power and Electrical provided by customer Cam System Cloud based camera system Site 2 (North of Fairhope on Hwy 98) 2 tag.NET cameras with 1 OV Comm Box with electronics for cloud and Al Labor for configuration / installation Power and Electrical provided by customer Equlpment:Eqp040 Modify existing traffic trailer adding 1 Rekor camera with network switch and electrical configuration. Thanks for your business and trusting us to help with your security . If you have any questions , please don't hesitate to call so we can do our best to help . Thanks Again John Murphy ProTecVideo LLC 251 ·610-6802 TOTAL QTY RATE 9,000.00 9,000.00 2,000.00 AMOUN T 9,000 .00 9,000 .00 2,000.00 $20,000.00 108 l>t~C)Tl:C: c2) 1.',::C-' S1J',.'[1lU.',CE !'J THE CLOUD Jo hn Murphy jmurphy@protecvideo.com 251 610 -6802 April 21, 2023 ProTecVideo, LLC is the only provider of the proprietary security camera platform "tag.NET". tag.NET is used to support a multi-agency collaboration that networks license plate recognition (LPR) cameras from across the region. The data from these systems is combined to form a searchable data-base and proactive alert system for vehicles suspected of being used in criminal activity . Pro Tee Video, LLC also provides the sale of system hardware as well as consultation, training, installation, configuration, and maintenance solutions for tag .NET, LPR, and general surveillance cameras. 1. Pro Tee Video, LLC is the only provider of the tag.NET program. 2 . The tag.NET program provides participating regional agencies historical and real time search data for suspect vehicle information . 3. ProTecVideo does not share tag.NET data to outside agency 's or civilian business's unless legally ordered to by a court of competent jurisdiction, not withstanding exceptions made to protect intelligence data and investigative techniques under state or federal authority . 4 . Participating tag.Net agencies are required to be trained and practice the guidelines uniquely developed for tag.NET to ensure the system is used as designed. As with any intelligence-based system, the guidelines have been developed to protect the system and its methodology without jeopardizing its intent or capabilities. 5 . tag .NET integration is controlled by ProTecVideo, LLC to ensure that system standards are maintained . The standards were developed and will be updated as necessary by a collaboration of ProTecVideo, LLC and participating law enforcement agencies. If it is determined that an agency will not or does not adhere to the program's standards, that agency will not be allowed access to the program until the necessary corrections are in place. Prior to an agency 's access being denied or removed, a review will be completed by representatives of ProTecVideo, LLC and members of the tag.NET advisory committee. 109 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Stephanie H. Hollinghead Date: May 2, 2023 Department: _P_ol_ic_e ____________________ _ Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Under $5,000 No restrictions Not Required N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A Greater than : Operational NON-Budgeted Three Council Reguired Gen Govt -$5,001 Utilities -$10,001 Gen Govt -$5,001-$15,000 Operational Budgeted Three Treasurer N/A Utilities -$10,001 -$15,000 Over $15,000/$50,000 Operational Budget* State Bid List or Treasurer/Mayor N/A Buvin~ Group Over $15,000/$50,000 Operational Budgeted Bids Council R!gUlred Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Regulred Resolution N/A N/A Regulred N/A N/A Regyired Reguired *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 on approved buying group . Items that are aver budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is o 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. Vendor Name 1. ProTecVideo 2. Click or tap he r e t o enter te>:t . QUOTES $ 20,000.00 $ Vendor Quote 3. Click or tap here to enter t e)c t. $-------------- Check any applicable boxes: D State Contract D ALDOT D Purchasing Group ~ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Intelligence-LED Sensor Kits 2. What is the total cost of the item or service? $20,000.00 3. How many do you need? 5 4. Item or Service Is: ~ New D Used D Replacement □ Annual Request 5. Vendor Name (Lowest Quote): ProTecVideo 6. Vendor Number: Click er tap he ·e t o ente, text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.Fa irhopeALqov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? IZI Yes □ No D Emergency Request 2. If budgeted, what is the budgeted amount? $22,500.00 3. Budget code: 50340 -General Supplies Email completed form with quotes and other supporting documentation to Erin.Woffe@FoirhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. PUR-004 -081511 110 DATE: TO: FROM: Fairhope Police Department "On Beautiful Mobile Bay" May 2, 2023 Erin Wolfe , Pure ity O . 107 N. Section St. Fairhope, AL 36532 (251) 928-2385 Fax (251) 990-0158 - SUBJECT: Intelligence-LED Policing Sensor Kits Stephanie H. Hollinghead Chief of Police Please find attached pricing information from ProTecVideo for the purchase of Intelligence-Led Policing Sensor Kits . These sensor kits greatly assist in solving a variety of crimes and assists police with identifying vehicles that may be associated with criminal act ivity . We currently have a few of these sensor kits and they have been extremely helpful in assist ing us with solving cases . ProTecVideo is the only provider of the proprietary security camera platform "tag .Net," which is a program that supports multi-agency collaboration that networks these sensor kits from across the region . This is the only system that will connect with the sensor kits that we currently have . Please see attached sole source letter from ProTecVideo . This purchase was approved in the 2023 budget in the amount of $22,500.00. The total cost is $20 ,000.00; thereby, coming in under budget in the amount of $2 ,500.00 . Please prepare the necessary paperwork for this item to be placed on the next City Council agenda. Let me know if you need additional paperwork o r have any questions. SHH/tdh 111 RESOLUTION NO. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Agreement between the Alabama Law Enforcement Agency , and the City of Fairhope Police Department to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children Task Force to combat exploitation of children through the use of the internet or other electronic means. Attest: Lisa A. Hanks , MMC City Clerk ADOPTED ON THIS 22ND DAY OF MAY, 2023 Jay Robinson , Council President 112 Memorandum of Agreement Between The Alabama Law Enforcement Agency, Internet Crimes Against Children Unit And City of Fairhope Police Department This Agreement is entered into by the Alabama Law Enforcement Agency (" ALEA") and the City of Fairhope Police Department ("affiliate" or "affiliate agency") pursuant to§ 41-19-l0(e), Ala. Code 1975. I. Purpose: The purpose of this Agreement is to establish a joint multi-agency working group between ALEA and City of Fairhope Police Department intended to combat the exploitation of children by using the Internet or other electronic means. This working group will be known as the Alabama Internet Crimes Against Children ("ICAC") Task Force. II. Period of Performance: This Agreement shall be effective upon signature of all parties and will continue in effect until terminated. Either party may terminate this agreement for any reason by providing 30 days' written notice to the other party. III. Standard Terms and Conditions: Any amendment to this Agreement shall be made in writing and will become effective upon the signature of all parties. Failure of either party to abide by and comply with the terms and conditions of this Agreement shall provide grounds for immediately terminating this Agreement. At any time should a party default on its obligations under this Agreement, the other party may give written notice to the defaulting party of the nature of the default and the expected remedy. The defaulting party shall respond in writing within 10 days of receiving the written notice of default; however, this provision shall in no way limit a party from seeking immediate termination for default. The parties hereto are separate and distinct entities. The relationship established herein is purely contractual. Employees of the parties are not Page 1 of 6 113 considered to be officers, agents, volunteers, or employees of the other party, and each party takes responsibility only for the acts and omissions of its employees. 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 to file a claim with the Alabama Board of Adjustment. For any and all other disputes arising under the terms of this Agreement which negotiation does not resolve, the parties agree to utilize appropriate forms of non-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. If any provision of this Agreement is declared void, unenforceable, or against public policy, or if any provision shall contravene any state or federal statute or constitutional provision or amendment, either now in effect or which may be enacted during the course of the Agreement, the provision shall be modified to reflect the parties' intention(s) and all remaining provisions shall remain in full force and effect. Invalidation or unenforceability of any part or portion of the Agreement will not invalidate the remainder of the Agreement, and the remaining portions shall remain in full force and effect, deemed to be written, construed, and enforced as so limited. In any event, this Agreement will be interpreted as far as possible to give effect to the parties' intent. It is agreed the terms, conditions, and commitments contained herein shall not be constituted a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment XXVI. This Agreement is subject to the appropriation of funds to ALEA to fulfill obligations laid out herein and will be subject to termination if such funds cease to be available. Should funding or service requirements relative to any executed agreements be altered, those agreements may be amended accordingly. In the event of the proration of the fund from which payment under any agreement is to be made, that agreement will be subject to termination. Each party agrees to use its best efforts to secure sufficient appropriations to fund any executed agreement. However, ALEA 's obligations under any executed agreement will cease immediately without penalty or further payment being required if the Alabama Legislature fails to make a sufficient appropriation or if grant money is not received. ALEA will determine whether amounts appropriated are sufficient. ALEA will give the other party written notice of insufficient funding as soon as practicable after becoming aware of the insufficiency, and ALEA's obligation to perform will immediately cease. Page 2 of 6 114 This Agreement shall be governed by the laws of Alabama as to interpretation, construction, and performance. Compliance hereunder will be performed in accordance with applicable state and federal law, statutes, provisions, and regulations, as well as any federal court orders that pertain to ALEA and/ or the State of Alabama to which ALEA is required to adhere. The parties hereto understand and agree this Agreement shall not be assigned to any other person, group, organization, department, agency, entity, etc., without ALEA's express written approval. Any such approval shall not be considered a waiver by either party. The terms and provisions of this Agreement shall apply to and be binding upon and inure to the benefit of the parties hereto. Failure of either party to insist upon strict compliance with the Agreement's terms and conditions or strict performance hereunder shall not constitute or be construed as a waiver or relinquishment of either party's right to enforce the same in accordance with the Agreement. Any waiver of the terms of this Agreement shall be invalid unless such waiver is in writing and signed by the waiving party. A waiver in one instance shall not be deemed a continuing waiver unless expressly stated in writing and signed by the waiving party. The parties are responsible for total performance. Notwithstanding any provision of this Agreement and any incorporations or amendments hereto, the parties do not release or waive, expressly or impliedly, their right to assert sovereign immunity or any other affirmative defense/right they may have under law. The parties agree and hereby acknowledge that all terms, covenants, and conditions, or actions taken under this Agreement shall comply with all applicable state, federal, or local laws, including the Alabama Beason-Hammon Alabama Taxpayer and Citizen Protection Act, as amended. By signing this Agreement, the contracting parties affirm, for the duration of this Agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within Alabama. Furthermore, a contracting party found to have violated this provision shall be deemed in breach of the Agreement and responsible for all resulting damages. In compliance with Act 2016-312, the affiliate agency 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 this state can enjoy open trade. The parties acknowledge and understand this Agreement is not effective until it receives all requisite approvals and that service/ performance shall not begin until this Agreement is fully executed. Page 3 of 6 115 This Agreement shall constitute the entire agreement of the parties, and there are no other promises or conditions, oral or written, unless the parties otherwise mutually agreed upon those promises or conditions in writing. IV. Jurisdiction: The ICAC Task Force is a statewide Task Force; however, the principal sites of task force activity by the affiliate agency will be within the jurisdictional areas of the respective members' law enforcement agency, consistent with the level of membership of that law enforcement agency and statutes governing mutual aid. Nothing in this Agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by an employee as a member of the employee's agency. V. Records, Reports and Presentations: • The parties will coordinate and forward information through the ICAC Task Force, or as directed, to the Office of Juvenile Justice Delinquency Prevention ("OJJDP"). • The U.S . Department of Justice Internet Crimes Against Children Task Force Review Board reviews proposed undercover operations for compliance with federal guidelines. If applicable, each party to this Agreement must submit a brief report to the Board listing all current undercover online. operations. Any additional online undercover operations to be developed must be approved as outlined in the ICAC Task Force Program Guidelines. • No later than the 10th day of each month, the affiliate agency will submit a monthly activity report pertaining to ICAC cases to ALEA for consolidation and reporting to OJJDP. • As directed by ALEA, the affiliate agency shall maintain information necessary to enable compliance with this Agreement and any other federal grant guideline subject to this operation, as well as any ICAC Review Board recommendations. • All records, reports, and presentations shall be consistent with grant guidelines and approved ALEA/ICAC protocols and procedures. VI. OJJDP Internet Crimes Against Children Task Force Program Guidelines: Parties to this Agreement acknowledge that they received and reviewed the attached OJJDP ICAC Task Force Program (Operational and Investigative Standards) Guidelines which are hereby incorporated by reference. These guidelines specify how the parties may conduct ICAC Task Force investigations, and by entering into this Agreement, the parties agree to abide Page 4 of 6 116 by all covenants, restrictions, limitations, and guidelines contained therein and conduct all investigations in accordance thereto. VII. Equipment and Training: When funding is available, ALEA may provide limited training and equipment. Any equipment provided pursuant to this Agreement shall only be used for ICAC investigations. All Task Force affiliates will have access to ICAC training through Fox Valley Technical College ("FVTC"), which currently provides free tuition and lodging to investigators chosen for a class. However, due to budget constraints, FVTC reserves the right to terminate free tuition and lodging without notice. The affiliate agency must cover all other expenses. Any other expenses must be coordinated and receive prior approval from the ALEA ICAC Task Force Commander. Any and all equipment provided to the affiliate agency remains property of ALEA. The affiliate agency shall maintain any and all equipment in good repair and will also maintain an inventory of all said equipment. VIII. Failure to Follow Agreement Guidelines: Any affiliate agency who fails to follow any of the above-stated guidelines and/ or ICAC Operational and Investigative Standards as determined by ALEA will be deemed to have violated the Agreement and shall be subject to termination pursuant to the terms outlined therein. Any equipment issued by ALEA, including a copy of the equipment inventory, shall be immediately returned to ALEA. (Intentionally Left Blank) Page 5 of 6 117 IN WITNESS HEREOF, and as evidenced by their authorized signatures, the Alabama Law Enforcement Agency and City of Fairhope Police Department agree to the conditions of this Agreement as set forth above . Hal Taylor, Secretary Sherry Sullivan, Mayor Alabama Law Enforcement Agency City of Fairhope Police Department Date Date Approved as to form: Legal Counsel Alabama Law Enforcement Agency Page 6 of 6 118 RESOLUTION NO. __ A RESOLUTION OF BINDING AGREEMENT FOR SEEKING ADEM GRANT FUNDING FOR THE BALDWIN COUNTY MATERIAL RECOVERY FACILITY WHEREAS, the City of Fairhope through a dynamic Recycling Program, recognizes the importance of protecting and preserving our natural resources , and works to make the w orld a better place by adopting conscientious living habits that will improve our daily lives and bring about a cleaner, safer and healthier environment; and WHEREAS, the City of Fairhope has undertaken many positive and successful waste reduction programs that have helped make the City of Fairhope a recycling leader , however, we can further reduce waste and recycle even more; and WHEREAS, loca l community and county recycling leaders hav e come together to join in a discussion of a concentrated cooperative effort to share resources to maximize the environmental and economic v alue of county-wide recycling; and WHEREAS, local community and county recycling leaders , working together, are building a Baldwin County Material Recov ery Facility; and WHEREAS, the City of Fairhope has adopted Resolution No. 4155-2 1, supporting a Baldwin County Recycling Cooperative; and WHEREAS, the City of Fairhope, along with other municipalities in Baldwin County, are working with Baldwin County Solid Waste as the lead local agency to expedite the critical need to maximize our recycling efficiency and commodity v alue through a cooperative effort; and WHEREAS, Baldwin County Solid Waste has begun the process of the engineering design of a state-of-the-art Materials Recovery Facility ("MRF") to be located adjacent to the Magnolia Landfill and to serve the recycling needs of all of Baldwin County; and WHEREAS, this new regional MRF is critical to the future vi ability and growth of recycling in Baldwin County and the ability of the State of Alabama to achieve its recycling goals , as established by the Alabama Department of Environmental Management ("ADEM"); and WHEREAS, the Alabama Recycling Fund was created by the Alabama Legislature and administered by AD EM to provide grant funding to local governments to develop , implement, and enhance local recycling projects and programs pursuant to § 22-27-17, Code of Ala bama, (1975). 119 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, WHILE IN REGULAR SESSION ON MAY 22, 2023, as follows: Section 1. That the City of Fairhope has applied for grant funding under the Alabama Recycling Fund in support of the Baldwin County Material Recovery Facility. Section 2, That any and all grant funds awarded by said application will be given to the Baldwin County Commission or Baldwin County Solid Waste for the exclusive purpose of supporting the Baldwin County Material Recovery Facility. Section 3. That this Resolution shall become effective upon its adoption. Adopted this 22nd day of May 2023. ATTEST: Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President 120 RESOLUTION NO. 4155-21 Support and Commitment for a Baldwin County Recycling Cooperative WHEREAS, the City o f Fairhope, through a dynam ic Recycling Program, recognizes the importance of protecting and preserving our natural resources , and works to make the world a better place by adopting conscientious living habits that will improve our daily lives and bring about a cleaner, safer, and healthier environment; and WHEREAS, the City of Fairhope has undertaken many positive and successful waste reduction programs that have helped make Fairhope a recycling leader, however, we can further reduce waste and recycle even more ; and WHEREAS, although there has been a significant increase in the amount of recycling in Fairhope , we must continue to focus on other initiatives such as waste reduction , composting , the reuse of products and materials, and purchasing recycled products and packaging ; arid WHEREAS, by encouraging businesses, County and State agencies, nonprofit organizations, schools , citizens, and visitors to actively recycle we can further promote recycling as an environmentally efficient and economically smart way of life ; and WHEREAS, local community and county recycling leaders have come to th e realization that we have advanced our individual recycling programs in our respective communities as far as possible as separate stand -alone franchises ; and WHEREAS, being reliant on third-party, out-of-state recycle processors/brokers/buyers has become costly , inefficient, and unsustainable for the long-term success of each municipality and the County's respective Recycling Program ; and WHEREAS, local community and county recycling leaders have come together to join in a discussion of a concentrated cooperative effort to share resources to maximize the environmental and economic value of county-wide recycling ; and WHEREAS, local community and county recycling leaders, working together, will need to conduct a feasibility study and develop a draft bus iness plan for the possibility of forming a Baldwin County Recycling Cooperative; and WHEREAS, the City of Fairhope desires to work with Baldwin County Solid Waste as the lead agency along with the cities and towns of Daphne, Fairhope , Foley, Bay Minette, Orange Beac h, Gulf Shores, Rob ert sdal e, Loxl ey, Summerdale , Silverhill , E lb erta , Magnolia Springs, Perdido Beach and Spanish Fort to expedite the critical ne ed to maximize our recycling efficiency and commodity value through a cooperative effort. 121 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY.OF FAIRHOPE, ALABAMA that: l . It supports the concept of a Baldwin County Recycling Cooperative . 2 . Authorizes City Staff to work with Baldwin County and our sister communities to conduct a feasibility study , develop a bus iness plan for an effective and productive county-w ide recycling cooperative . 3. Commits and acknowledges that the service to be provided by the Baldwin County Solid Waste Department will be an operating expense to be funded by a published tipping fee not to exceed the disposal rate of household garbage. However, market fluctuations and conditions will need to be evaluated and recognized on an ongoing basis to determine the level of service the MRF can support. 4. Report back its findings for possible future legislative action . APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THIS 26TH DAY OF JULY , 2021 . imy;nytfu, Council President Pro Tempore ATTEST : City Clerk 122 RESOLUTION NO. WHEREAS, this First Amendment is effective as of the date of execution by the last party to sign is entered into by and between City of Fairhope, Alabama, hereinafter referred to as "Landlord", and New Cingular Wireless PCS , LLC , hereinafter referred to as "Tenant" and , WHEREAS , the Landlord and Tenant entered into a "Structure Lease Agreement" dated February 6, 2017 pursuant to which Landlord leased a portion of the tower site located at 590 Nichols Avenue, Fairhope, Alabama 36532; and, WHEREAS, the Landlord and Tenant desire to modify the Agreement with the terms and conditions in the First Amendment. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE , that Mayor Sherry Sullivan is hereby authorized to execute the First Amendment to the Structure Lease Agreement as presented between the between the City of Fairhope and New Cingular Wireless PCS , LLC for the leased area located at 590 Nichols A venue, Fairhope, Alabama 36532 . Attest: Lisa A. Hanks , MMC City Clerk Adopted this 22nd Day of May, 2023 Jay Robinson, Council President 123 DocuSign Envelope ID : BE 1 B55C8-ED36-4D3F-8E85-DC6ADE0E88EB Market: Gulf Coast (AL) Cell Site Number: Cell Site Name: South Section (3C) Fixed Asset Number: 10024145 FIRST AMENDMENT TO STRUCTURE LEASE AGREEMENT THIS FIRST AMENDMENT TO STRUCTURE LEASE AGREEMENT (hereinafter "First Amendment") is made as of the __ day of _______ , 2023, by and between City of Fairhope, Alabama, by and through its Mayor and Council , having a mailing address at P.O. Box 429, Fairhope, AL 36532 ("Landlord "), and New Cingular Wireless PCS, LLC having a mailing address at 1025 Lenox Park Blvd. NE, 3rd Floor, Atlanta, Georgia 30319 ("Tenant"); and WHEREAS , Landlord and Tenant entered into a Structure Lease Agreement dated February 6, 2017 (the "Agreement"), pursuant to which Landlord leased to Tenant a portion of the tower site located on 590 Nichols Avenue, Fairhope , Alabama 36532 described in Exhibit 1 of the Agreement; and WHEREAS, Landlord and Tenant desire to amend the Agreement to adjust the Rent (as defined below) in conjunction with the modifications to the Landlord 's tower contained herein; and WHEREAS, Landlord and Tenant now desire to further amend the Agreement as provided in this First Amendment. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein the sufficiency of which are hereby acknowledged , the parties hereby agree as follows: l. Exhibit 1 of the Agreement shall be deleted in its entirety and replaced with a new Exhibit 1 which shall be identical to Attachment 1, DESCRIPTION OF PREMISES , attached hereto . 2 . Commencing on the first day of the month following the date that Tenant commences construction of the modifications set forth in this First Amendment, Rent shall be increased by One Thousand and No/100 Dollars ($1 ,000 .00) per month above the amounts otherwise provided for in the Agreement. 3. Except as specifically set forth in this First Amendment, the Agreement is otherwise unmodified and remains in full force and effect. In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall take precedence . 2422721vl 124 DocuSign Envelope ID: BE1 B55C8-ED36-4D3F-8E85-DC6ADE0E88EB IN WITNESS WHEREOF, the parties hereto have executed this First Amendment effective as of the last date of execution shown below . ATTEST: Its: ________ _ [SEAL] 2422721v1 LANDLORD: CITY OF FAIRHOPE, ALABAMA By: _________ (SEAL) Name: __________ _ Its : ___________ _ TENANT: NEW CINGULAR WIRELESS PCS, LLC, By: AT&T Mobility Corporation Its: Manager f '··~···· ... By:~'11A ~ ~i.,'1Vl~ Na · 1B¼ll1 &4 ¥._arez Its: Area Manager, C & E Date: 5/12/2023 125 DocuSign Envelope ID : BE1 B55C8-ED36-4D3F-8E85-DC6ADE0E88EB 2422721vl EXHIBIT 1 DESCRIPTION OF PREMISES 126