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HomeMy WebLinkAbout09-11-2023 City Council Packet1 2 3 4 5 6 7 8 9 10 11 CITY OF FAIRHOPE CITY COUNCIL AGENDA MONDAY, 11 SEPTEMBER 2023 - 6:00 P.M. – CITY COUNCIL CHAMBER Invocation and Pledge of Allegiance 1. Approve minutes of 29 August 2023 Regular City Council Meeting and minutes of 29 August 2023 Work Session. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Final Adoption – Ordinance – An Ordinance to require annexation for property outside the City Limits but contiguous to the City Limits for new connection to the City of Fairhope’s Water System. (Introduced at the August 29, 2023 City Council Meeting) 6. Ordinance – An Ordinance Amending Ordinance No. 1510 known as the Personnel Rules, Policies and Procedures Ordinance, Section 6 Employee Benefits, adding Section 6.11 Incentives for Recruiting New Employees. 7. Resolution – That the City Council authorizes acceptance of the ADEM Subaward Agreement ADEMLT-SA007 for the City of Fairhope GOMESA Litter Trap Project in the amount of $166,725.00 with no city match required; and authorizes Mayor Sherry Sullivan to sign all necessary grant documents on behalf of the City. 8. Resolution – That the City Council authorizes Mayor Sherry Sullivan to execute a second year extension of the Maynard, Cooper & Gale, P.C. Engagement Letter Agreement for the City of Fairhope from October 2023 to September 2024 with a retainer fee of Eight Thousand Dollars ($8,000.00) per month; and a not-to-exceed amount of $96,000.00. 9. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 of (Bid No. 023-02), Lease Fairhope Soccer Concession Stand at the Soccer Complex, with Blast Soccer Club, Inc. per the terms and conditions of the original contract. The lease is $417.00 per month paid to the City of Fairhope. 10. Resolution – To Award (Bid No. 23-036) for Magnolia Avenue Underground Electric Part 1 (Labor Only Bid) to U-Tech Construction, Inc. with a total bid proposal not-to-exceed $295,380.68. 11. Resolution – That the City of Fairhope approves the procurement of a Fitness Court® System (Circuit Training System) to be installed on the west end of Mike Ford Tennis Center from National Fitness Campaign LP as Sole Source Supplier. 12 City Council Meeting 11 September 2023 Page –2– 12. Resolution – That the City of Fairhope approves the procurement of a New Replacement Roof for the Quail Creek Maintenance Barn from Roof Doctors with a not -to-exceed amount of $49,000.00. 13. Resolution – That the City of Fairhope approves the procurement of FMLA (Family Medical Leave Act) Administration Services for the Human Resources Department from American United Life Insurance Company with a not-to-exceed annual amount of $15,646.20; and authorizes Mayor Sullivan to execute the agreement. 14. Resolution – That the City of Fairhope approves the selection of PFM Financial Advisors LLC for Professional Consulting Services as Financial Advisor to develop a Finance Plan with a not-to-exceed amount of $15,000.00; and hereby authorizes Mayor Sherry Sullivan to execute contract; and is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3). 15. Resolution – That the City Council approves the selection of O'Donnell & Associates, Inc. to Professional Hydrogeologic Services for the Development of a Deep Well at Fairhope Wellfield No. 1; and hereby authorizes Mayor Sherry Sullivan to execute a Contract with an estimated amount of $23,500.00. 16. Resolution – That the City of Fairhope approves the procurement of Lighting for the Quail Creek Pickleball Courts for the Recreation Department from Musco Sports Lighting, LLC; and the equipment is available for direct procurement through the Sourcewell Contract which has been nationally bid; and therefore, does not have to be let out for bid. The cost will be $37,250.00. 17. Public Participation – (3 minutes maximum) 18. Adjourn Next Regular Meeting – Monday, September 25, 2023 – Same Time Same Place 13 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 Tuesday, 29 August 2023. Present were Council President Jay Robinson, Councilmembers: Jack Burrell, Corey Martin, Jimmy Conyers, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Robinson called the meeting to order at 6:09 p.m. The invocation was given by Pastor Rick Malugani of Fairhope Christian Church and the Pledge of Allegiance was recited. Council President Robinson stated there was a need to add on an agenda item after Agenda Item Number 27: a resolution that the City of Fairhope approves the procurement for a qualified contractor for the Drainage Improvement Project at the West End of Fels Avenue from PL Russell LLC for a not-to-exceed amount of $77,416.21. Councilmember Boone moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Burrell, motion passed unanimously by vo ice vote. Councilmember Martin moved to approve minutes of the 14 August 2023, regular meeting; minutes of the 14 August 2023, work session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) Announced Electric Crews going to Gainesville , Florida to be pre-staged to help with Hurricane recovery ; and thanked the Community for bringing water and Gatorade to take with the Electric Crews; and 2) Excited to see rain which help drop water consumption to 7 .2 million gallons per day ; and 3) Presented a Certificate of Appreciation to Dr. Fred Diegmann who is retiring after 49 years. She said her mother worked for Dr. Diegmann over 30 years. Dr. Diegmann stated he opened the first OB /GYN practice in Baldwin County; and thanked the City Council and Mayor for this recognition. Council Pre si dent Robinson sai d Dr. Di egmann delivered his fourth child and said he is wonderful. Council President Robinson passed the gavel to Councilmember Martin. 14 29 August 2023 Council President Robinson left the dais at 6: 15 p.m. The following individuals spoke during Public Participation for Agenda Items: 1) Rene ' Boutin, 10950 Driver Court, addressed the City Council regarding the Emergency Water Conservation Plan put into effect on August 7, 2023 and commented this is one rule fits all. He mentioned the exception for newly planted sod could be watered for 30 days was not easily found. Mr. Boutin said that there should be more information on Ordinance that could be easily found . Councilmember Martin commented that Ordinances are fluid and stated that language regarding sod was on the first ordinance too. Council President Robinson returned to the dais at 6:26 p.m. 2) Art Dyas, 18261 Scenic Highway 98 , addressed the City Council regarding the Emergency Water Conservation Plan and stated we need to start looking at other alternatives. He said everyone pulls from the same aquifer; and mentioned using treated effluent from the wastewater. Councilmember Martin commented he has been pushing for this ; and said he and Mayor Sullivan called ADEM to ask if this was okay. He said ADEM commented it is okay; and we would be using the gray water from the wastewater treatment plant. 3) Rene ' Boutin, 10950 Driver Court , addressed the City Council again and commented he had called a well company and spoke to one of the head honchos who lives in Fairhope. He said we could dig a well and use the untreated water. Councilmember Martin commented he was excited that other people are looking into separating our water. He said this is a solution; and I like being first to do this. He said we would be an example to others. Councilmember Martin introduced in wntmg an ordinance to require annexation for property outside the City Limits but contiguous to the City Limits for new connection to the City of Fairhope's Water System. Council President Robinson said this was discuss in detail in the Work Session and explained the ordinance as written. He said there are still some uncertainties. Councilmember Burrell said there are jurisdictional laws that need to be addressed . He said we own our water system and we are a water selling company. Attorney Chris Williams said we need to discuss these in Executive Session; and may take action to amend the ordinance and layover. Councilmember Conyers said short-term rain will help but long-term we need to sell our water. Council President Robinson said he agrees with annexation but have a lot of questions on implementation. Due to lack of a motion for immediate consideration, this ordinance will layover until the September 11 , 2023 City Council meeting. 15 29 August 2023 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes and extends the Park and Street Usage Fees Contract for the IAFL Semi-Pros ' Fairhope Storm semi-professional football team on a year to year basis (Current contract expires on December 31, 2023). Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4819-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes and extends the Park and Street Usage Fees Contract for the IAFL Semi-Pros' Fairhope Storm semi- professional football team on a year to year basis that expires on December 31, 2023. The set rental fee for W. C . Majors Field also known as the Fairhope Municipal Stadium shall be $500.00 per rental for five mutually agreed upon spring days (generally March to July). Additionally, the usage fees for the Barnwell football facilities shall be set at $25.00 per day for regular spring season practice up to three mutually agreed days per week, weather permitting , during the same time frame. The fees in question are current established fees for rental of the facilities in question . The Fairhope Storm shall comply with all standard facility use agreement requirements including but not limited to suitable minimum insurance requirements. The Parks and Recreation Department shall retain all concession and parking rights to be assigned at its discretion. School activities, Special Olympics , and other events take precedent over the Fairhope Storm. This contract cannot be sub leased nor transferred to any other entity. Attest: Lisa A. Hanks , MMC City Clerk Adopted on this 29th day of August, 2023 Jay Robinson , Council President Counci lmemb er Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves Amendment No. 1 to the Subaward Agreement for ADCNR Grant #SlP17-FACP; and authorizes the Mayor to execute Amendment No. 1 between the City of Fairhope and ADCNR. Seconded by Councilmember Martin , motion passed unanimously by voice vote. 16 29 August 2023 RESOLUTION NO. 4820-23 APPROVAL OF AMENDMENT NO. 1 FOR THE ALABAMA DEPARTMENT OF CO SERVATION AND NATURAL RESOURCES GRANT #SlP17-FACP (RESTORE ACT-COMMUNITY-BASED COMPREHENSIVE LAND USE PLAN) WHEREAS , the City of Fairhope was awarded a RESTORE Act Direct Component Subrecipient Grant (#SlPl 7-FACP) from the Alabama Department of Conservation and Natural Resources (ADCNR) in the amount of $650,000.00 for the Fairhope Area Community-Based Comprehensive Land Use Plan ; and WHEREAS , the project is currently underway and the Alabama Department of Conservation and atural Resource s (ADCNR) issued Amendment o. 1 to the Subaward Agreement whereby the grant period of performance ending date has been extended by 12 months , from 3/31/2024 to 3/31/2025; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves Amendment No. 1 to the Subaward Agreement for ADCNR Grant #S1Pl7-FACP, extending the contract period of performance through 3/31/2025; and authorizes the Mayor to execute Amendment No . 1 between the City of Fairhope and ADCNR. Attest: Lisa A . Hanks , MMC City Clerk Adopted on this 29th day of August, 2023 Jay Robinson , Council President Councilmember Conyers introduced in writing , and moved for the adoption of the following resolution, a resolution that the City Counci l approves Amendment No. 1 to RFP 006-20 -Program Administrative Services for Community-Based Comprehensive Land Use Plan to Grant Management, LLC for ADCNR Grant #SlPl 7-FACP; and authorizes the Mayor to execute Amendment No. 1 between the City of Fairhope and Grant Management, LLC . Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Burrell asked if the co st would increase ; and staff sai d it would not. 17 29 August 2023 RESOLUTION NO. 4821-23 AMENDMENT NO. 1 TO RFP 006-20 PROGRAM ADMINISTRATION SERVICES CONTRACT FOR THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES GRANT #SlP17-FACP (RESTORE ACT-COMMUNITY-BASED COMPREHENSIVE LAND USE PLAN) WHEREAS, the City of Fairhope did solicit Requests for Proposals (RFP 006-20 -Program Administrative Services for Community-Based Comprehensive Land Use Plan) in accordance with applicable federal, state and local laws, codes, regulations, ordinances , etc., including, but not limited to all executive orders (EO), Office of Management and Budget (0MB) requirements, and U.S . Treasury Regulations ; and WHEREAS, on September 14, 2020 the City Council awarded RFP 006-20 to Grant Management, LLC for ADCNR Grant #Sl Pl 7-FACP ; and WHEREAS , the Alabama Department of Conservation and Natural Resources (ADCNR) issued Amendment No. 1 to the Subaward Agreement whereby the grant period of performance ending date has been extended by 12 months, from 3/31/2024 to 3/31/2025; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that the City Council approves Amendment No. 1 to RFP 006-20 -Program Administrative Services for Community-Based Comprehensive land Use Plan to Grant Management, LLC for ADCNR Grant #SlPl 7-FACP, extending the contract period of performance through 3/31/2025; and authorizes the Mayor to execute Amendment No . 1 between the City of Fairhope and Grant Management, LLC. Attest: Lisa A. Hanks , MMC City Clerk Adopted on this 29th day of August, 2023 Jay Robinson , Council President Councilmember Martin introduced in writing, and moved for the adoption of the following resolution , a resolution that the City Council approves Amendment No. 1 to RFP PS00 1-21 -Professional Planning Services for Community-Based Comprehensive Land Use Plan to Neel-Schaffer, Inc. for ADCNR Grant #S lPl 7- F ACP; and authorizes the Mayor to execute Amendment No. 1 between the City of Fairhope and Neel-Schaffer. Seconded by Councilmember Conyers, motion passed unanimously by voice vote . Councilmember Burrell asked if the cost would increase; and staff said it would not. 18 29 August 2023 RES OLUTIO N NO. 4822-23 AMENDMENT N O. 1 T O RFP PS 00l-21 PLANNING SERVICES CONTRACT F OR THE ALABAMA DEPARTMENT OF CONSER VATIO AND NATURAL RESOURCES GRANT #S1P17-FACP (REST ORE ACT-COMMUNITY-BASE D COMPREHENSIVE LAND USE PLAN) WHEREAS, the City of Fairhope did solicit Requests for Proposals (RFP PS00l-21 - Professional Planning Services for Community-Based Comprehensive Land Use Plan in accordance with appLicable federal, state and local laws, codes, regulations, ordinances, etc., including, but not limited to a ll executive orders (EO), Office of Management and Budget (0MB) requirements, and U.S. Treasury Regulations; and WHEREAS, on May 24, 2021 the City Council awarded RFP PS00l-21 to Neel-Schaffer for ADCNR Grant #SlPl 7-FACP; and WHEREAS, the Alabama Department of Conservation and Natural Resources (ADCNR) issued Amendment No. 1 to the Subaward Agreement whereby the grant period of performance ending date bas been extended by 12 months, from 3/31/2024 to 3/31/2025; BE IT RES OLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves Amendment No . 1 to RFP PS00l-21 - Professional Planning Services for Community-Based Comprehensive land Use Plan to Neel- Schaffer, Inc. for ADCNR Grant #S1P17-FACP , extending the contract period of performance through 3/31 /2025; and authorizes the Mayor to execute Amendment No. 1 between the City of Fairhope and Neel-Schaffer. Attest: Lisa A. Hanks, MMC City Clerk Adopted on this 29th day of August, 2023 Jay Robinson, Council President Counci lmember Conyers introd u ced in writing, and moved for the adoption of the following resolution , a reso lution that the City Council approves Amendment No. 1 to RFQ PS007-20 -Geographic Information System (GIS) Services for Community-Based Comprehensive Land Use Plan to Goodwyn, Mills and Cawood, Inc. for ADCNR Grant #SlPl 7-FACP; and authorizes the Mayor to execute Amendment No. 1 between the City of Fairhope and Goodwyn, Mills and Cawood, Inc. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Burrell asked if the cost would increase; and staff said it would not. 19 29 August 2023 RES OLUTION NO. 4823-23 AMENDMENT NO. 1 TO RFQ PS00 7-20 GEOGRAPIDC INFORMATION SYSTEM (GIS) SERVICES CONTRACT FOR THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES GRANT #SlPl 7-FACP (RESTORE ACT-COMMUNITY-BASED COMPREHENSIVE LAND USE PLAN) WHEREAS , the City of Fairhope did solicit Requests for Qualifications (RFQ PS007-20 - Geographic Information System (GIS) Services for Community-Based Comprehensive Land Use Plan in accordance with applicable federal, state and local laws , codes, regulations, ordinances, etc., including, but not limited to all executive orders (EO), Office of Management and Budget (0MB) requirements, and U.S. Treasury Regulations ; and WHEREAS, on April 26 , 2021 the City Council awarded RFP PS007-20 to Goodwyn, Mills and Cawood , Inc. for ADCNR Grant #S 1 P 17-F ACP; and WHEREAS , the Alabama Department of Conservation and Natural Resources (ADCNR) issued Amendment No . 1 to the Subaward Agreement whereby the grant period of performance ending date has been extended by 12 months, from 3/31 /2024 to 3/31 /2025; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that the City Council approves Amendment No. 1 to RFQ PS007-20 - Geographic Information System (GIS) Services for Community-Based Comprehensive land Use Plan to Goodwyn, Mills and Cawood, Inc . for ADCNR Grant #S1Pl7-FACP, extending the contract period of performance through 3/31 /2025; and authorizes the Mayor to execute Amendment No. 1 between the City of Fairhope and Goodwyn, Mills and Cawood, Inc . Attest: Lisa A. Hanks, MMC City Clerk Adopted on this 29th day of August, 2023 Jay Robinson , Council President Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution , a reso lution that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Kimley-Horn and Associates for Professional Engineering Services for Dog House Pump Station Rehabilitation (RFQ PS23-023) with a not-to- exceed amount of $193,000.00. The motion was seconded by Councilmember Boone. 20 29 August 2023 Councilmember Burrell stated that he would be voting against this motion; and commented it is 1 percent over the maximum of industry standards. Councilmember Conyers said he would lean on Mr. Morefield 's recommendation since he has previously used company. But hears Councilmember Burrell and agree s companies cannot take advantage of the City. Council President Robinson agreed that if we are charged outside of industry standards by any company, we need to take a look this . Councilmember Martin asked if we vote down would it put the City in a bind; and also agreed about companies taking advantage of the City . Councilmember Burrell commented this should have been negotiated better. After further discussion , motion passed by the following voice votes : A YE - Conyers , Robinson, and Boone. NAY -Burrell and Martin. RESOLUTION NO. 4824-23 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 Kimley-Hom and Associates for Professional Engineering Services for Dog House Pump Station Rehabilitation (R.FQ PS23-023) with a not-to- exceed amount of $193 ,000 .00. DULY ADOPTED THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President Councilmember Conyers introduced in writing , and moved for the adoption of the following resolution , a resolution that the City of Fairhope approves the procurement of Weathering Steel Power Poles for the Dyer Road Project from Myer Utility Structures , LLC in the amount of $88 ,683.00 with an added contingency amount of $8 ,868.30 for a not-to-exceed amount of $97 ,551.30. Seconded by Councilmember Burrell , motion passed unanimously by voice v ote. 21 29 August 2023 RESOLUTION NO. 4825-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: (1) That the City of Fairhope approves the procurement of Weathering Steel Power Poles for the Dyer Road Project from Myer Utility Structures , LLC in the amount of $88,683.00 with an added contingency amount of $8 ,868.30 for a not-to-exceed amount of$97,551.30 . (2) Contingency is due to a lead time of 34 weeks on the poles with a 6-month price confirmation. (2) The Weathering Steel Power Poles are exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51(b)(7). ADOPTED ON THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council Pre sident Councilmember Burrell moved to table Agenda Item Number 13 . Seconded by Councilmember Martin, motion passed unanimously by voice vote. Counc ilmember Conyers introduc ed in writing, and moved for the adoption of the following resolution , a resolution that the City of Fairhope approves the procurement of an Aruba Replacement Core Switch to replace failed hardware with a total not-to-exceed amount of $23,7 11.00 . Seconded by Councilmember Boone, motion passed unanimously by voice vote. 22 29 August 2023 RESOLUTION NO. 4826-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of an Aruba Replacement Core Switch to replace failed hardware with a not-to-exceed amount of $23 ,711.00 . [2] Failed switch located in Dispatch and all traffic from the City goes through this switch. [3] Purchase is through National Cooperative Purchasing Alliance (NCPA) Contract #01-145 and does not have to be let out for bid. ADOPTED ON THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of 21 ,000 feet of 2" Drisplex Gas Pipe from General Utility Pipe & Supply with a not-to-exceed amount of $23 ,100.00 . Seconded by Councilmember Conyers , motion passed unanimously by voice vote. * * * 23 29 Augu st 2023 RE SOLUTION NO . 4827-23 BE IT RE SOL VE D BY THE GO VERNING BOD Y OF THE CITY OF FAIRHOPE, AL AB AMA , as fo ll ows: [1] That the City of Fairhope approves the procurement of 21 ,000 feet of 2 " Drisplex SD R l 1 PE2708 6500 Gas Pi p e from General Utility Pipe & Supply with a not-to- exceed amount of $23 ,100 .00 . [2] Three (3) qu otes received and lowest quote from General Utility Pipe & Supply . [3] Pipe is exempt from forma l bidding per Code of Alabama 1975 , Section 41-16- 51(b)(7). ADOPTED ON THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a reso lution that the City of Fairhope approves the procurement of Professional Services from Artist, Hannah Legg, for the Mural Display at Arts Alley for a not-to-exceed amount of $21 ,000 .00 ; and authorizes Mayor Sherry Sullivan to execute Mural Project Agreement. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. * * 24 29 August 2023 RES OLUTION NO. 4828-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of Professional Services from Artist , Hannah Legg , for the Mural Display at Arts Alley for a not-to-exceed amount of $21 ,000.00; and authorizes Mayor Sherry Sullivan to execute Mural Project Agreement. [2] AMEA funds of $10 ,000.00 will be used towards this project. ADOPTED ON THIS 29TH DAY OF AUGUST , 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President Councilmember Burrell moved to table Agenda Item Number 17. Seconded by Councilmember Boone , motion passed by the following voice votes: A YE - Burrell , Martin , Robinson, and Boone. NAY -Conyers . Councilmember Burrell said this is a City Council task. Councilmember Burrell introduced in writing , and moved for the adoption of the following resolution , a resolution that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding between the Baldwin County Commission, Baldwin County Sheriffs Office , and the City of Fairhope for the administration of the School Resource Officer Program at Baldwin County Public Schools. Seconded by Councilmember Conyers , motion passed unanimously by voice vote. 25 29 August 2023 RESOLUTION NO. 4829-23 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 Understanding ("MOU") between the Baldwin County Commission, Baldwin County Sheriffs Office, and the City of Fairhope, which outlines the purpose, goals , objectives , and procedures for the administration of the School Resource Officer ("SRO") Program at Baldwin County Public Schools. ADOPTED ON THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the proposed City of Fairhope Purchasing Policy Guidelines procedure is hereby approved for expenditures which will streamline the process which will save time and money; and the City Treasury Department shall provide to the City Council a bi-monthly report of capital items budgeted and non-budgeted. Seconded by Councilmember Conyers , motion passed unanimously by voice vote. RESOLUTION NO. 4830-23 WHEREAS , the Go v erning Body of the City of Fairhope adopts an annual budget that approves line item expenses for the City of Fairhope General Fund and Utilities ; and WHEREAS , the City Council is desirous to make the expenditure process more efficient for City Staff, for the City Council, and for the City; and 26 29 August 2023 WHEREAS , the City Treasury Department shall provide to the City Council a bi- monthly report of capital items bud geted and non-budgeted; and WHEREAS , the City Council by adopting the attached proposed City of Fairhope Purchasing Policy Guidelines will streamline the process which will s av e time and money. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that the attached proposed City of Fairhope Purchasing Policy Guidelines procedure is hereby approved for expenditures which will streamline the process which wi ll save time and money; and the City Treasury Department shall provide to the City Council a bi-monthly report of capital items budgeted and non-budgeted. ADOPTED ON THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City C lerk Jay Robinson, Council President Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to write a letter on behalf of the City of Fairhope to support South Alabama Regional Planning Commission 's (SARPC) Grant Application to the NOAA Climate Resilience Regional Challenge on behalf of the communities acro s s Southwest, mostly coastal, Alabama. Seconded by Councilmember Martin, motion passed unanimous ly by voice vote. * * 27 29 August 2023 RESOLUTION NO. 4831-23 WHEREAS , the South Alabama Regional Planning Commission (SARPC) plans to participate in the potential development of a Regional Resilience Plan for Mobile, Baldwin, and Escambia counties of Alabama ; WHEREAS , the National Oceanic and Atmospheric Administration (NOAA) announced a funding opportunity made possible by the Inflation Reduction Act titled, NOAA Climate Resilience Regional Challenge ; WHEREAS , this Grant Program focuses on collaborative approaches to achieving resilience in coastal regions and advancing NOAA 's efforts to build Climate-Ready Coasts ; WHEREAS , SARPC plans to apply for these grant funds as the lead applicant on behalf of the counties and communities we serve throughout our Region with th e support of our Region 's primary coastal organizations and resource managers ; WHEREAS, the Vision of this group effort is to engage Mobile, Baldwin, and Escambia counties and their municipalities in the development of a Regional Resilience Plan; WHEREAS , the Resilience Plan will addres s six themes which will be led by area experts: (1) Emergency Preparation; (2) Natural Environment Protection ; (3) Renewable Energy and Energy Efficiency Changes ; (4) Improved Health Outcomes; (5) Strengthening the Built Environment; and (6) Economic and Workforce Development; THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to write a letter on behalf of the City of Fairhope to support the South Alabama Regional Planning Commission 's (SARPC) Grant Application to the NOAA Climate Resilience Regional Challenge on behalf of the communities across Southwest, mostly coastal, Alabama . ADOPTED ON THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President 28 29 August 2023 Councilmember Boone introduced in writ ing , and mo ve d for the adoption of the following resolution, a resolution that the City Council approves and adopts the recommendations of the Personnel Board and Department Heads to retitle po sitions; change pay grades; reclassify positions; and delete positions as presented in sa id resolution. The motion was seconded by Councilmember Burrell. After Mayor Sullivan explained the resolution, motion pas se d unanimously by voice vote. RESOLUTION NO. 4832-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , That th e C ity Council approves and adopts th e recommendations of the Personnel Board and D epartment Heads to retitle positions, change pay grades; reclassify positions ; and de le te positions as follows: Positions: Department Current Title C ha nges, Pay Grade Changes, Reclassify Pay Grade Lead E lectrician Electric 8 Electrician Electric 7 Chief Building Ins p ector Building C hief Electrical Inspector Bui lding 9 Fire/Safety Inspector Building 7 Permit Technician/CRS Coordinator Building 6 Station Control Techni cian Police 9 Support Service Technician Poli ce Parks Maintenance Worker Recreation Deleted Positions and Title Changed Above CFM Electrician Electric 10 Assistant Building Official Building 13 Beach Patrol Officer Police 6 Station Contro l Technician/Digital Forensic Police 9 Eq uipm ent Operator 1 - R ecreation R ecreation 4 ADOPTED THIS 29TH DAY OF AUGUST, 2 02 3 ATT EST: Lisa A . Hanks, MMC City Clerk Jay Robinson, Counci I Pres id ent Change Pay Grade 10 8 10 10 9 7 8 6 7 29 29 August 2023 Counci lm ember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Counci l authorizes Mayor Sherry Sullivan to enter into a contract with Daphne Utilities for a Water Connection Project with an estimated cost of $35 ,873.20 to enhance water distribution reliability and increase community resilience. The motion was seconded by Councilmember Conyers. After Mayor Sullivan exp lained the resolution, motion passed unanimously by voice vote. She said it wou ld take 10 to 14 days to connect. RESOLUTION NO. 4833-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , That the City Council finds that improved water distribution systems in and around the City of Fairhope serve a valuable public purpose; and the City Council de ires a water connection project between Daphne Utilities and Fairhope Utilities. The water connection project aims to establish a seamless linkage between Daphne Utilities and Fairhope Utilities, enhancing the overall water distribution network and ensuring a reliable supply for both communities. BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF TH ECITY OF FAIRHOPE, ALABAMA, That the City Council authorizes Mayor Sherry Sullivan to enter into a contract with Daphne Utilities for a Water Connection Project with an estimated cost of $35 ,873.20 to enhance water distribution reliability and increase community resilience. Attest: Lisa A. Hanks, MMC City Clerk Adopted on this 29th day of August, 2023 Jay Robinson, Council President Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope estimates that its anticipated allocation from the Rebuild Alabama Act fund for the Fiscal Year 2024 will be approximately $160,000 .00 to be used for street maintenance , improvement, replacement and construction of roads within the City of Fairhope, with the increasing allocations for each fiscal year thereafter. Seconded by Councilrnember Conyers, motion passed unanimously by voice vote. 30 29 August 2023 RESOLUTION NO. 4834-23 RESOLUTION ADOPTING TRANSPORTATION PLAN PURSUANT TO THE REBUILD ALABAMA ACT WHEREAS, the 2019 Alabama legislature in Act. No . 2019-2 adopted the Rebuild Alabama Act; and WHEREAS, the Rebuild Alabama Act provides for an allocation among the municipalities of the state on the basis of the ratio of population of each municipality to the total population of all municipalities of the state a portion of the additional taxes levied under the Act to be used for transportation infrastructure, improvement, preservation, and maintenance; and WHEREAS, the Act provides that the municipal governing body of the City of Fairhope shall adopt an annual Transportation Plan no later than August 31st which shall provide a detailed list of projects for which expenditures are intended to be made in the next fiscal year and shall be based upon an estimate of the revenues anticipated from the fund in which the additional revenue is deposited during the next fiscal year; and WHEREAS, the Act further provides that any such funds shall be used only for the maintenance, improvement, replacement, and construction of roads maintained by the City of Fairhope and such other uses as are defined in the Act. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope estimates that its anticipated allocation from the Rebuild Alabama Act fund for the Fiscal Year 2024 will be approximately $160,000.00 to be used for street maintenance , improvement, replacement and construction of roads within the City of Fairhope, with the increasing allocations for each discal year thereafter. DULY ADOPTED THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President 31 29 August 2023 Counci lmemb er Martin moved to grant the request of Jon Cardwell (Principal of Fairhope High School), requesting permission to close streets to hold the Fairhope High School Homecoming Parade to be held at 5:30 p.m. on September 21 , 2023 , and the use of the Beach Pav ilion immediately following the parade for the bonfire pep rally. Both events would be from 5:00 p .m. to 8 :30 p .m. to include the set up and actual event. Also , requesting that the rental fee be waived for this school function. Seconded by Councilmember Conyers , motion passed unanimously by voice vote . Councilmember Conyers moved to grant the request of Leslie Edgemon (Bald win County Humane Society), requesting permission to close streets in downtown Fairhope on Thursday, October 26 , 2023 , from 5:00 p .m. to 7 :00 p.m. for the Fairhope Witches Ride 2023. The ride will begin and end at Coastal Alabama Community College Amphitheater. This whimsical bike ride benefits local animal rescue and helps animals throughout our area . Seconded by Councilmember Boone, motion passed unanimously by voice vote . Councilmember Conyers moved to approve charge off Uncollectible Utility Accounts for the fiscal year 2016-2017 in the amount of $226 ,888 .90 . Seconded by Councilmember Martin, motion passed unanimously by voice vote . Councilmember Conyers stated that it is a large amount but the number is going down due to more data being collected . Counci lme mber Martin moved to approve charge off Insufficient Checks ("NSF") for fiscal years 2017 through 2019 in the amount of $3 ,133.95. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Counci lmemb er Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement for a qualified contractor for the Drainage Improvement Project at the West End of Fels Av enue from PL Russell LLC for a not-to-exceed amount of $77 ,416 .21. Seconded by Councilmember Boone, motion passed unanimously by voice vote . * * * 32 29 August 2023 RESOLUTION NO. 4835-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [1] That the City of Fairhope approves the procurement for a qualified contractor for the Drainage Improvement Project at the West End of Fels Avenue from PL Russell LLC for a not-to-exceed amount of $77 ,416 .21. [2] A Request for Quote was sent to three (3) potential vendors for this Public Works purchase and PL Russell LLC was the lowest. [2] This purchase is under the new State of Alabama Purchasing Threshold for Public Works and does not require formal bids . ADOPTED ON THIS 29TH DAY OF AUGUST, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President 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 Alabama Code Section 36-25A-7(a)(3) to discuss imminent, potential , and pending litigation; and Code Section 36-25-7(a)(7) to discuss preliminary negotiations involving matters of trade or commerce in which the entity is in competition with private indiv iduals or entities or other governmental bodies in Alabama or other states or foreign nations. The approximate time to be in Executive Session is 60 minutes. Councilmember Boone moved to go into Executive Session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 33 29 August 2023 Attorney Chris Williams stated we need to add Code Section 36-25-7(a)(7) for Trade of Commerce as listed above in the request. He said they may take action after Executive Session. Council President Robinson told the audience it is unlikely we will take any action. Exited the dais at 7:15 p .m. Returned at 8:26 p.m . Councilmember Conyers moved to adjourn the meeting . Seconded by Councilmember Boone, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 8:26 p.m . Lisa A. Hanks, MMC City Clerk Jay Robinson , Council President 34 ST ATE 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 Tuesday, 29 August 2023. Present were Council President Jay Robinson, Councilmembers: Jack Burrell, Corey Martin, Jimmy Conyers , and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E . McDowell, and City Clerk Lisa A. Hanks. Council President Jay Robinson called the meeting to order at 4:30 p.m. The following topics were discussed: • The first item on the agenda was the Discussion of Recruitment Bonus . Mayor Sullivan explained the ordinance and need for this bonus . She said the referring employee wou ld get the bonus ; and this is a toll to retain employees . Mayor Sullivan stated the are 35 to 40 open positions now. Councilmember Burrell explained the need for retaining ; and said he would be okay with new employee is employed for 6 months , the referring employee wou ld receive $250.00; and if emp lo yed for a year, the referring employee would receive $250 .00. The consensus of the City Council was to add to the next agenda as specified above. Councilmember Burrell commented that certain departments are having trouble retaining employees . May or Sullivan replied that she only knew of one in Public Works. • Council President Robinson mentioned the revised Historic Preservation Ordinance may be on the next City Council agenda. Council President Robinson briefly went through the Agenda Items and who would explain if needed. • IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No . 14 ; and answered any questions if needed . Councilmember Martin questioned budgeted items and commented this is not the first either. • Public Works Director Richard Johnson addressed the City Council regarding his recycling discussion and the Baldwin County Material Recovery Facility ("MRF"). He commented it is a $30 ,000 ,000.00 investment; and said there are no programs for multi-family and we need to educate. We need to continue engagement with Community . He said ADEM loves cooperative effort with "MRF." Mr. Johnson said this is a first class project and will have an interactive education segment. He briefly explained Agenda Items No . 13, No . 23, and the add on item for Fels Avenue . Council President Robinson said it is a safety issue and over budget by $14 ,000.00 . Councilmember Burrell requested items be brought before being put on the agenda so the y can see prior to . Mr. John son stated the roof project change order will be put on the agenda soon for $26 ,000.00 less. Mayor Sullivan commented she thought it would be on the next budget. 35 Tuesday, 29 August 2023 Page -2- • Community Affairs Director Paige Crawford addressed the City Council and commented that she and Mayor Su lli van hosted the Alabama Governor's Conference at The Grand in Point Clear. She said that there were between 75 to 100 hotel rooms over the normal number of rooms. Ms. Crawford briefly explained Agenda Items No . 16, No . 24, and No. 25; and answered any questions if needed. She said they need to close Bancroft Avenue to Fairhope Avenue to Magnolia Avenue at 3:30 p.m. Ms. Crawford mentioned First Friday Art Walk is this Friday; and mentioned some merchants being upset. Councilmember Burrell said they may be upset over the Arts Alley Project. Council President Robinson asked about traffic issues. The consensus of the City Council was to continue for a larger sample . Mayor Sullivan suggested continuing through the year. • Chief Stephanie Hollinghead addressed the City Council regarding Agenda Item No. 18 ; and answered any questions if needed. • Planning Director Hunter Simmons addressed the City Council regarding Agenda Items No. 7 , No. 8, No. 9, and No . 10 ; and answered any questions if needed . He commented Phase II of the Community-Based Comprehensive Land Use Plan is to update Ordinances and Procedures. He said one of the delays has been the jurisdiction issue. • Electric Superintendent Ben Patterson addressed the City Council regarding his employees heading for Gainsville. He said they were requested by Gainsville so we are sending 9 employees who will pre-stage for the Hurricane. He also mentioned the Plantation Point Project. Mr. Patterson briefly explained Agenda Item No. 12 ; and answered any questions if needed. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No . 11 , and No . 22 ; and answered any questions if needed . Agenda Item No . 11 was explained in-depth . Councilmember Burrell questioned th e cost and the 16 % plus fees; and said the fees were too high. Councilmember Boone said 10% to 12% was usual. Council President Robinson said that if we see cost that far exceeds industry standards , we should look elsewhere. Mr. Morefield said that he had contacted ADEM regarding the Water Connection Project and they were okay with is . Mayor Sullivan explained the chemicals and water quality ; and this will be used as a last resort . • City Treasurer Kim Creech addressed the City Council regarding Agenda Items No . 17 , No . 19 , No. 26, and No . 27 ; and answered any questions if needed . Councilmember Martin questioned if other companies were contacted for Professional Consulting Services . Ms. Creech said this is a company that she has worked with and was satisfied. Councilmember Burrell said we cold have an advi sory committee who could look at this . Mayor Sullivan said they are licensed for this work. Councilmember Conyers said they were to be used for making sure this is the amount needed . Council President Robinson and Councilmember Burrell asked if we do the projects will we run out of cash before those are complete . M s . Creech said she wanted a 3-year or 5-year plan and how much does the City need . The consensus of the City Council was to table Agenda Item No. 17. 36 Tuesday, 29 August 2023 Page -3- • Mayor Sullivan addressed the City Council regarding Agenda Item No. 5; and answered any questions if needed. City Attorney Marcus McDonald explained the ordinance and the water policy that will follow if adopted. He said the City Council has it primary purpose is to provide adequate and safe water service to customers within the corporate limits of the City of Fairhope. Councilmember Burrell and Martin questioned outside parcels for example at the Airport and if anyone says they do not want to annex. The consensus of the City Council was there were questions that still need to be answered . There being no further business to come before the City Council, the meeting was duly adjourned at 5:56 p.m. Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 37 ORDINANCE NO. AN ORDINANCE TO REQUIRE ANNEXATION FOR PROPERTY OUTSIDE THE CITY LIMITS BUT CONTIGUOUS TO THE CITY LIMITS FOR NEW CONNECTION TO THE CITY OF FAIRHOPE'S WATER SYSTEM WHEREAS , in recent years the explosive growth the City of Fairhope has put heavy demand on the resources of the City to meet the water needs of Fairhope residents and businesses; and WHEREAS , this demand on the City's resources , particularly the demand for water, has made it increasingly difficult for the City to meet the needs ofFairhope's customers while continuing with the City's prior policy of serving water customers outside Fairhope's corporate limits; and WHEREAS , while the City is presently engaged in an extensive search for new water sources, the future availability of a clean and reliable water supply is far from certain and, in any event, the costs of securing significant new water sources is substantial ; and WHEREAS , the Governing Body of the City of Fairhope finds and declares its primary purpo se to be the provision of adequate and safe water service to customers located within the corporate limits of the City of Fairhope. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows : Section 1. The Code of Ordinances , City of Fairhope, Alabama, Chapter 21, Article III. Water is hereby amended to reflect the following changes and additions: ARTICLE III. WATER In addition to other requirements set forth by the City and codified in the Fairhope Code of Ordinances , property located outside the Fairhope corporate limits, but contiguous to the corporate limits , must be annexed into the City of Fairhope prior to the establishment of any new connections to the Fairhope Water System. Notwithstanding this requirement, the City will continue to serve customers with existing water connections located outside the Fairhope corporate limits. Additionally, the City will honor existing commitments to provide water service to property located outside the corporate limits if it has an active building permit with the City, or received preliminary or final plat approval with prior written acknowledgment of the City's ability to provide water service to the property. 38 Ordinance No. Page -2- Section 2. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 11 TH DAY OF SEPTEMBER, 2023 Attest: Lisa A. Hanks, MMC City Clerk Jay Robinson, Council President ADOPTED THIS THE 11 TH DAY OF SEPTEMBER, 2023 Sherry Sullivan, Mayor 39 Water a11d Wastewater Board of the City of Madiso11 v. A11derso11, 850 So.2d 1230 (Ala.2002): In this case , the Alabama Supreme Court reversed the trial court's order directing a City Water Board to provide service to property owned by the plaintiff. The Water Board adopted a policy under which service would be available to property located outside the City limits only if the landowner filed a petition to have the property annexed into the City . The plaintiff, who owned a tract of land located outside the City , contended that it was improper for the Water Board to condition service on annexation. The trial court issued a writ of mandamus requiring the Water Board to serve the plaintiffs property. In reversing that order, the Supreme Court held that the Water Board had established a reasonable rationale for the annexation requirement. Brow11 v. City of Hu11tsville a11d Hu11tsville Utilities , (Ala.2004): The plaintiff Rex B. Brown ("Brown") appeals a judgment declaring that the defendants City of Huntsville and Huntsville Utilities ( collectively "the Utility") owed no obligation to pro vide water service to Brown's property outside the Huntsville city limits unless the property was annexed into the city . The dispositi ve issue is whether the trial court erred in holding that the Utility did not discriminate against Brown or act unreasonably in conditioning provision of water service to Brown's property on annexation of Brown's property into the city. Because we conclude that the trial court did not err, we affinn. Our resolution of this case is consistent with our resolution of Water & Wastewater Board of Madison v. Anderson , 850 So.2d 1230 (Ala.2002), addressing another landowner's attempt to obtain substantially the same relief against another utility in the same county . 40 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1510 KNOWN AS THE PERSONNEL RULES, POLICIE S AND PROCEDURES ORDINANCE BE IT ORDAINED BY THE CITY OF FAIRHOPE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOP E, ALABAMA , as follows: Section 1. Th e ordinance known as th e Personnel Rules , Polici es, and Proc edures Ordinance (No. 1510), adopted 14 April 2014 , together with the Personne l Handbook of the City of Fairhope , be and th e same hereby is changed and altered in re spect to the certain sections below : Add the following to: VI. EMPLOYEE BENEFITS SECTION 6.11. INCENTIVES FOR RECRUITING NEW EMPLOYEES The City provides incentives for current employees who recruit new employees; and th ey are hired. The following is the inc entive payment that will be added to their longevity pay in December: • New employee is emp lo yed 6 months , the referring emp loyee will receive $250.00 • New employee is employed a year, the referring emp lo yee will receive $250 .00 If the new employee remains employed for a year, the referring employee will have received a total of $500 .00 for the referral. Section 2. The sections, paragraphs , sentences, clauses and phrases of this ordinance are severa ble , and if any phrase, clause , sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competen t jurisdiction , then suc h ruling sha ll not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without th e incorporation of any such unconstitutional phrase , clause, sentence, paragraph or section. Section 3. This Ordinance shall take effect immediately upon its due adoption and publication as required by law . Attest: Lisa A. Hanks , MMC City Clerk Adopted thi s 11th Da y of September, 2023 Jay Robinson, Council President Adopted thi s 11th Day of September, 2023 Sherry Sullivan, Mayor 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 RESOLUTION NO. WHEREAS , on December 12, 2022 , the City Council approved and authorized Mayor Sherry Sullivan to extend the Maynard , Cooper & Gale , P.C. Engagement Letter Agreement for the City of Fairhope for an additional year from October 2022 to September 2023 . WHEREAS , the Mayor is desirous to extend this engagement for an additional year from October 2023 to September 2024 with a not-to-exceed amount of $96 ,000 .00 (retainer fee of $8 ,000 .00 per month). BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute a second year extension of the Maynard , Cooper & Gale , P .C . Engagement Letter Agreement for the City of Fairhope from October 2023 to September 2024 with a retainer fee of Eight Thousand Dollars ($8 ,000.00) per month ; and a not-to- exceed amount of $96 ,000.00. DULY ADOPTED THIS 11 TH DAY OF SEPTEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council Pres ident 66 RESOLUTION NO. 4648-22 WHEREAS , on April 11 , 2022 the City Council approved and authorized Mayor Sherry Sullivan to execute the Maynard , Cooper & Gale, P .C. Engagement Letter Agreement for the City of Fairhope. Engagement Letter Agreement was executed for a s ix (6) m o nth period with a not-to -exceed amount of $54 ,000 .00 via Resolution No . 4432-22 . WHEREAS , the Mayor is desirous to extend this engagement for an additional year from October 2022 to September 2023 with a not-to-exceed amount of $96,0 00 .0 0 (retainer fee of $8 ,000 .00 per month). BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to execute a one year extension of the Maynard , Cooper & Gale, P .C . Engagement Letter Agreement for the City of Fairhope . Engagement Letter with Maynard , Cooper & Gale, P .C. from October 2022 to September 2023 with a retainer fee of Eight Thousand Dollars ($8,000.00) per month ; and a not-to-exceed amount of $96 ,000 .00 . D U LY ADOPTED THIS 12TH DAY OF DECEMBER, 2022 Attest: 67 RESOLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No . 1 of (Bid No . 023-02), Lease Fairhope Soccer Concession Stand at the Soccer Complex, with Blast Soccer Club , Inc . per the terms and conditions of the original contract. The lease is $417.00 per month paid to the City of Fairhope. Adopted on this 11th day of September, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council President 68 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: Lisa Hanks, City Clerk Kimberly Creech, City Treasurer From: Erin Wolfe, Purchasing Manager Date : September 1, 2023 Re: Approval by City Council for Extension No. 1 for Bid No. 23-003 Lease of Fairhope Soccer Concession Stand The Mayor, Sherry Sullivan , is requesting Extension No. 1 for Bid No . 23-003 Lease of Fairhope Soccer Concession Stand. The original lease agreement was executed on October 20 , 2022 and awarded to Blast Soccer Club , Inc .. The request for Extension No. 1 will extend the referenced lease agreement until October 19 , 2024. The Vendor has agreed to Extension No. 1, with all terms and conditions of the bid award . Please place on the next City Council Agenda this request to approve the Extension No. 1 for Bid No . 23-003 Lease of Fairhope Soccer Concession Stand to Blast Soccer Club, Inc. for the same terms and conditions as the original bid award. Enclosure Cc: Sherry Sullivan, Clint Steadham 69 City of Fairhope Bid No. 23-003 Lease of Fairhope Soccer Concession Stand Lease Agreement Extension No. 1 This EXTENSION NO .l of LEASE AGREEMENT ("Extens ion") is made this __ day of _________ _ ,2023 , for the purpose of extending the lease agreement known as Bid No. 23-003 Lease of Fairhope Soccer Concession Stand, dated October 20, 2022, ("Original Contract") between the City of Fairhope and Blast Soccer Club, Inc. (the "Parties"). 1. Extension 1 of this agreement, which is attached hereto as a part of this Extension, is described below: Bid No. 23-003 Lease of Fairhope Soccer Concession Stand and will end on October 19, 2023 at midnight. 2. The Parties agree to extend Extension 1 agreement for an additional period, which will begin immediately upon the expiration of the original time period October 20, 2023 and will end on October 19, 2024. 3. This Extension binds and benefits both Parties and any successors or assigns . This document, including the attached Original Lease Agreement, is the entire agreement between the Parties . All other terms and conditions of the Ori ginal Lease Agreement, including pricing , remain unchanged . IN WITNESS WHEREOF, the parties hereto have executed this Contract Extension as of the day and year first above written. THE CITY OF FAIRHOPE, ALABAMA BY : Sherry Sullivan, Mayor NOTARY FOR THE CITY STATE OF ALABAMA} COUNTY OF BALDWIN} ATTEST: BY : Lisa A. Hanks, MMC, City Clerk I, the undersigned authority in and for said State and County, hereby certify that Sherry Sullivan as Mayor of the City of Fairhope whose name is signed to the foregoing document and who is known to me , acknowledged before me on this day, being informed of the contents of the document she executed the same voluntarily on the date of the same bears date . Given under my hand and Notary Seal on this __ day of ________ , 2023. Notary Public ____________ _ My Commission Expires : _____ _ 70 If Corporation, Partnership, or Joint Venture Name of Corporation, Partnership, or Joint Venture By : _____________ _ Signature of Officer Authorized to Sign Bids and Contracts for the Firm Email Address Business Mailing Address City, State , Zip Code General Contractor's License Number NOTARY STATE OF ___________ _ COUNTY OF ------------- Position or Title Foreign Corporation Entity ID (Required of out-of-state vendors) I, the undersigned authority in and for said State and County, hereby certify that _________________ ,as ___________________ _ Type or Print Name of Bid Signer Type or Print Bid Signer Title Respectively, of _______________________________ _ Type or Print Company Name Whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being of the contents of the document they executed the same voluntarily on the day the same bears date . Given under my hand and Notary Seal on this ____ day of _____ ~ 2023 . Notary Public ___________ _ My Commission Expires ________ _ 71 RESOLUTION NO. 4574-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I] That the City of Fairhope did request, receive, and open bids to Lease Fairhope Soccer Concession Stand for (Bid No . 23-003) at the Soccer Complex at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, only one bid was received and tabulated as follows : Blast Soccer Club, Inc . $417 .00 per month lease [3] At the appointed time and place; after evaluating the bid with the required specifications, Blast Soccer Club, Inc. is now awarded (Bid No . 23-003) Lease Fairhope Soccer Concession Stand for $417 .00 per month . ADOPTED ON THIS I 0TH DAY OF OCTOBER, 2022 c1 President Attest : 72 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is made and entered into on th~~ay of D c:..--\-o ber , 2022 (the "Effective Date"), by and between the City of Fairhope, Alabama, an Alabama municipal corporation ("Lessor"), and Bl a sf-: Soccer C /L.t b, Jn C , ("Lessee", and together with Lessor, the "Parties ", or individually, a "Party"). Recitals A. Lessor is the record title owner of that certain parcel of real property located in Baldwin County Alabama, more particularly described on Exhibit A attached hereto (the "Master Parcel"), which is current!; improved and operated as the Fairhope Sports Complex . B . A portion of the Master Parcel is currently improved with a concession facility and conference center (the "Property"), generally depicted on the site plan attached hereto as Exhibit B. C . The Property is declared to be surplus property of the Lessor and is not needed for public or municipal purposes during the term of this Lease. Lessor has agreed to lease the Property on the tenns and conditions set forth herein. Agreement NOW THEREFORE, for and in consideration ofthe premises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged: and intending to be legally bound, Lessor and Lessee hereby covenant and agree as follows : Section 1. PROPERTY. Subject to and upon the tenns and conditions set forth herein , Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor for the tenn and rent herein set forth , all of Lessor's right, title and interest in and to the Property , together with a non-exclusive right to use all parking sites and pedestrian walkways within the Master Parcel. Section 2. TERM OF LEASE. The Property shall be leased by Lessor to Lessee for a tenn of r one <1J year(s)], commencing on the Effective Date and expiring at 12:00 midnight on the first anniversary of the Effective Date, un less otherwise extended by written agreement of the Parties or sooner expired or tenninated in accordance with this Lease or by operation of law (the "Tenn"). Section 3. (a) Base Rent. During the Term, commencing on the Effective Date, Base Rent for the Property shall be r',s;oo 'f, ~ ], payable in equal monthly installments of~ l/J].-£.Jl ]. The Base Rent shall be due and payable on or before the first (1st) day of each consecutive calendar month during the Term and Lessee hereby agrees to pay the Base Rent to Lessor monthly in advance without the necessity of demand by Lessor and without any reduction, abatement, counterclaim or setoff, ate,·~ of Rii,-hope, , or at such other address, or by deposit to such bank account as may be designated y Lessor. (b) Gross Lease. Lessor and Lessee intend for this Lease to be a "gross lease" in which Lessee is only responsible for the payment of (i) Base Rent, (ii) the costs incurred by Lessee for insurance pursuant to Section 6 , and (iii) the costs incurred by Lessee for maintenance of the Property and Equipment 73 pursuant to Section 8, and (iv) the cost of the utilities Lessee utilizes within the Property pursuant to Section 9. (c) Default in Payment. All amounts which Lessee assumes or agrees to pay pursuant to this Lease, which are not paid when due, may be paid by Lessor. Any amount so paid by Lessor, together with interest at the rate of twelve percent (12%) per annum (the "Default Rate ") from the date of Lessor's payment, shaJI be due and payable by Lessee on demand by Lessor. Section 4. CONDITION OF PROPERTY (a) Delivery of Property. On the Effective Date, the Property will be delivered and Lessee shall accept the Property "WHERE IS, AS IS" in its present condition and as suited for the Permitted Use . Lessor has made no representation or warranty as to the condition of the Property or its suitability for any particular purpose. Lessor shall not be responsible for any latent defect or change of condition in the Property, and the Base Rent shall in no event be withheld or diminished on account of any defect therein, nor any change of condition thereof, nor for any damage occurring thereto, except as otherwise specified herein. Lessee acknowledges that Lessee is familiar with the Property and is aware of all conditions and defects latent or otherwise, existing on the Property. ' (b) Equipment. Lessee shall cause the Property to be equipped with fixtures and equipment (the "Equipment") generally described on Exhibit C attached hereto . ( c) Ordinances and Restrictions . The Property is leased to Lessee subject to existing easements , covenants and restrictions of record in the Probate Court ofBaldwin County, Alabama (if any), and all Jaws , orders, ordinances, rules and regulations of governmental authorities. Section 5. USE OF PROPERTY. (a) Permitted Use. Lessee shall have the right to occupy the Property solely for the preparation and sale of concessions, general meeting and conference space and related uses thereto (the "Pennitted Use"). At its own expense, Lessee will procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Lessee's use of the Property. (b) Title to Equipment. Title to the Equipment including any modifications or additions thereto during the Term shall be vested in Lessee until the expiration or termination of the Lease, at which time all title to and ownership of the Equipment shall automatically and immediately vest (without the necessity of any further action being ta.ken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor. In addition , the Lessee and Lessor each agree and acknowledge that Lessee alone shall be entitled to all of the tax attributes of ownership, including, without limitation, the right to claim depreciation or cost recovery deductions. Notwithstanding the foregoing, Lessee shall execute and deliver any documents reasonably requested by Lessor evidencing conveyance and transfer of title . (c) Environmental Covenant. Except cleaning or sanitation products that may be utilized or caused to be disposed of in the ordinary course of business, Lessee will not cause or permit any Hazardous Substance ( as defined herein) to be brought upon , kept or used in or about the Property by Lessee or its agents, employees, contractors, licensees or invitees. If the Property become contaminated in any manner for which Lessee is legally liable or otherwise becomes affected by any release or discharge of a Hazardous Substance as a result of Lessee's actions, Lessee shall immediately notify Lessor of the release or discharge of the Hazardous Substances, and Lessee shall indemnify, defend (by counsel reasonably acceptable 2 74 to Lessor) and hold hannless Lessor from and against an y and all claims, damages, fines ,judgrnent, penalti es costs, liabilities or losses (reasonable damages caused by loss or restriction of rentable or usable space or an ; reasonable damages caused by adverse impact or marketing of the spa~~• and 8!1Y and all sums p~id for settlement of claims, attorney's fees, consultant fees and expert fees) ansmg dunng or after the Term and arising as a result of such contamination, release or discharge . This indemnification includes w ithou t limitations, any and all costs incurred because of any investigation of the site o r any cleanup, re~oval or restoration mandated by federal , state or local agency or political subdivision. For the purposes of thi s Lease the following tenns have the following meanings : (i) "Hazardous Substance" means any substance, materiai or waste that is or becomes designated, classified or regulated as being "toxic" or "haz.ardous" or a "pollutant" or that is or becomes similarly designa~ed, classified or regulated u~~~r an)'. Environmental Law, including without l~itation asbestos , ~troleu~ _and petroleu~ produ_cts , an~ (11) 'Env1ron~entaJ Law" means any law, statute, ordmance or regulation pertammg to health, mdustnal hygiene or the envuonment including without limitation CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) RCRA (Resources Conservation and Recovery Act of 1976) and SARA (Superfund Amendments and Reauthorization Act of 1986). (d) Improvements to Property by Lessee. Any a~terations , changes, replacements, improvements and ~dditions in an_d to the_Property _("Lesse~Ma~e Alterations"), shall require Lessor's prio r written consent, which shall be withheld m Lessor s sole discretion. Lessee shall keep the Property free and clear of any mechanic 's and materialman's liens arising in connection ~ith any Lessee-Made Alterations. Should any mechanic 's, materialmen 's, or other lien be filed against the Property, or any part thereof for an y reason whatsoever by reason of Lessee's acts or omissions or beeause of a claim against Lessee Lessee shall at its own cost and expense, cause the same to be canceled and discharged of record by bond' or otherwis; within ten (I 0) days after notice by Lessor, and Lessee shall indemnify and hold harmless Lessor from and against all costs, liabilities , suits, penalties, claims and demands, including reasonable attorney's fee s resulting therefrom . If Lessee fails to comply with this Section S(d), Lessor shall have the option , but no obligation and without the necessity of investigating the validity thereof, of discharging or bonding any lien charge order or encumbrance, and Lessee agrees to reimburse Lessor for all costs, expenses and other sums of money in connection therewith, with interest at the Default Rate specified herein . ( e) RuJes and Regulations. This Lease is made subject to , and during the Term , Lessee agrees and will cause its a~ents, employ~es, contra~t?rs, customers, invitees and licensees to agree to comply with the rules and regulat10ns set forth m the Exh1b1t D and any future rules and regulations at any time or times and from time to time promulgated by Lessor, which Lessor in its sole discretion shall deem necessary for the proper operation of the Master Parcel. Section 6. INSURANCE. (a) Lessee to Maintain Insurance. At all times during the Term, Lessee shall pay, or c ause to be paid, all premiums for and maintain in full force and effect the following policy of insurance with an insurance company admitted to do business in the State of Alabama and carrying a current A.M. Best Company rating of at least "A": general liability insurance in the amount of at least One Million and No/100 Dollars ($1 ,000 ,000.00) per person and Two Million and No/I 00 Dollars ($2,000,000.00) per occurrence with regard to the Property ; such policy of insurance shall name Lessor as an additional insured and shall be endorsed to provide a waiver of subrogation in favor of L essor, its officers, agents and employees . (b) No Increased Risks. Lessee shall not allow, permit or condone anything to be or remain upon or about the Property, nor carry on nor perm it in the Pr_operty any trade or occupation , or suffer to be done anything which may render an increased or extra premtum payable for an y insurance (whether procured by Lessee or Les sor) on the Property against fire , or other perils included under standard extended coverage insurance. 3 75 Section 7. WAIVER OF SUBROGATION. Lessee hereby releases Lessor from any and all liability or responsibility to Lessee, or any other claim through or under Lessor by way of subrogation or otherwise, for any insured loss or damage covered by any insurance policies maintained on the Property , whether pursuant to this Lease or otherwise. Section 8. MAINTENANCE AND REPAlR. (a) Maintenance Obligations. Lessor shall, subject to events beyond its reasonable control, provide all nonnal and customary maintenance and repair to the common areas serving the public located within the Master Parcel and the exterior and structural components of the Property, including the beating, ventilation and air conditioning unit serving the Property; provided, however, that Lessor will not be responsible for or required to make, and Lessee will make, any repairs to the Property and/or the Master Parcel which may have been occasioned or necessitated by the negligence of Lessee, its agents, employees or invitees . Lessor shall not be liable for any damages resulting from its failure to make repairs, unless such failure continues beyond a reasonable time after receipt of notice of the necessity for such repairs. Lessee shall, at Lessee's sole cost and expense, maintain the Property, in good, clean and first-class condition and repair. Without limiting the generality of the foregoing, Lessee shall be solely responsible for maintaining the interior of the Property and repairing all fixtures, access points and interior walls within the Property. (b) Lessor's Entry. Lessor shall have the right to enter upon the Property at all reasonable times during the Tenn for the purposes of inspection, maintenance, repair and alteration . (c) Responsibility of Lessee. Except for maintenance or repair required as a result of reasonable wear and tear or as a result of damage solely caused by the gross negligence or willful misconduct ofLessor, Lessee shalL during the Term, maintain, service, repair and replace, if necessary , and keep in good condition and repair, at Lessee's sole cost and expense, the Equipment (d) Condition at End ofTerm. Lessee will surrender the Property and Equipment at the expiration of the Term or earlier termination of this Lease in as good condition as was tendered on the Effective Date, excepting only deterioration caused by ordinary wear and tear. Section 9. UTILITIES AND TRASH REMOVAL. Section 10. TAXES. Lessee shall be solely responsible for payment of all property taxes, assessments or payments in lieu of taxes levied against Lessee 's personal property, if any , and shall pay any such assessed amount on or before the due date thereof. Section 11. DESTRUCTION. lfthe Property shall be damaged by a casualty event, Lessor and Lessee shall have the right to terminate this Lease by providing advance written notice to the other party of the intent to terminate. In the event of tennination pursuant to this Section 11, this Lease shall terminate immediately and neither Party shall have any further obligations with respect to this Lease, except for the provisions herein that expressly survive termination . Section 12. LIABILITY. (a) Indemnification by Lessee. Lessee hereby agrees, to the full extent permitted by law , to indemnify and hold hannless Lessor, and its respective officials, employees, members , managers, officers, agents , contractors, affiliates, servants, licensees , and invitees, from and against, any and all suits, actions, causes of action , damages, liability, costs, expenses and attorney 's fees , of an y kind or nature whatsoever incurred, paid by or demanded to be paid by Lessor, or its respective officials, employees, 4 76 members , managers, officers, agents, contractors, affiliates, servants, licensees , or invitees, arising from , relating to or in connection with any loss oflife, bodily or personal injury or property damage arising from or out of the use or occupancy of the Property or any part thereof, including the parking areas and any common areas and facilities within the Property, by any person or entities, including licensees and invitees ofLessee and whether occasioned wholly or in part by any act or omission of Lessee, its .agents, contractors, employees: servants, invitees, licensees or concessionaries or any other person , or otherwise. Lessor shaJI not be liable to Lessee or Lessee's employees, agents, contractors, licensees or invitees.for any damage to person or property resulting from any act or omission ofany visitor to the Property, except m the event such damage to person or property results from Lessor's willful misconduct. (b) Lessee Responsible for Propeny. Lessee shall occupy the Property at its own risk , and hereby releases Lessor, and its officials, employees, members, managers, officers, affiliates servants licensees, and invitees to the full extent pennitted by law, fro~ all cla~s of every kind resultini in loss of life, personal or bodily injury or property damage. Lessor, and its officials, employees, members, managers , officers, affiliates, servants, licensees, and invitees shall not be responsible or !table at any time for any loss or damage to Lessee's equipment, fixtures or other personal property of any nature whatsoever of Lessee. (c) Lessor Not Liable to Others Claiming Through Lessee. Lessor and its officials employees, members, managers, officers, affiliates, servants, licensees, and invitees, shall not be responsibl; or liable to Lessee or to those claiming by , through or under I,:essee, or Lessee's employees, agents , customers, invitees, licensees or visitors for any loss or damage to either the person or property of Lessee or any other person or entity whatsoe~er, th~t may be occasioned ~Y. o~ throug~ the acts or omissions of any persons or entities, whether occupymg adJacent, connected or adJotnmg premises , or otherwise, and Lessee agrees to indemnify and hold harmless Lessor and its members, managers, officers, affiliates, servants, licensees, invitees and employees from and against all such loss or damage . ( d) Defects: Lessor Not Liable. Lessor shall not be responsible or liable to Lessee for any defect, latent or otherwise, on the Property, nor shal I Lessor be responsible or liable for any injury, loss or damage to any person or to any property of Lessee or other person caused by theft or otherwise. (e) Acknowledgement. The indemnity obligations set forth within Section 5 and Section 12 of this Lease shall survive the expiration of the Term or early termination of this Lease. Section 13. QUIET ENJOYMENT. Lessee, upon paying the rents and perfonning all of the terms of this Lease, shall peaceably and quietly enjoy the Property, subject, nevertheless, to the tenns of this Lease, any Field Use Agreement of the Lessor, or agreements to which this Lease is or shall become subordinated . Section 14. FIXTURES AND EQUIPMENT. (a) Furniture and Inventory of Lessee. Upon expiration or termination of this Lease all improvements and additions to the Property shall adhere thereto and become the property ofLessor, with the exception of: food, supplies, and inventory (collectively , "Lessee Property"). Any such Lessee Property shall remain the property of Lessee, and Lessee may remove Lessee Property provided all terms and conditions of this Lease have been complied with by Lessee. (b) Damage Occasioned by Removal. In case of damage to the Property by reason of the removal of Lessee Property, Lessee shall, at its expense, make all repairs to the Property reasonably required by Lessor. 5 77 (c) Procedure at End of Term. Notwithstanding anything contained in Section J 4(a) hereof to the contrary, in the event Lessee does not remove any or all of Lessee Property from the Property before the expiration of this Lease ("Abandoned Property"), Lessee shall be deemed to have abandoned any such Abandoned Property . Lessor may dispose of or otherwise deal with any Abandoned Property in whatever manner Lessor shall deem appropriate. Section 15. ASSIGNMENT AND SUBLEASING. Lessee shall have the right to assign or sublet (a "Transfer") its interest in this Lease without prior consent from Lessor, provided that Lessee complies with the following for each Transfer: (i) each Transfer is for a term of no more than four (4) calendar days, (ii) each transferee shall operate in accordance with the tenns of this Lease and the Permitted Use, and (iii) each Transfer is evidenced by a written instrument. Unless released by Lessor in writing, Lessee shall remain fully liable to perfonn its duties under this Lease during and following the tenn of each Transfer. Except as set forth above, Lessee shall not assign, sublease, mortgage, or encumber this Lease or any interest therein, in whole or in part, or any part of the Property, norpennit other persons to occupy the Property or any part thereof, nor grant any license or concession for all or any of the Property, without the prior written consent of Lessor, which may be withheld in Lessor's sole discretion. Section 16. DEFAULT. (a) Events of Default. The following shall :?nst!tute events of default hereunder: (i) failure by Lessee to pay any Rent or other charges when due; (n) fatlur.e by Lessee to comply with any provision of this Lease other than payments of Rent, when such failure is not cured within fifteen {l 5) days after written notice to Lessee; (iii) Lessee deserts, abandons, vacates or fails to cause the Property to be continuously operated; (v) Lessee becomes the subject of an action or proceeding relating to bankruptcy, criminal charges, or insolvency; (vi) Lessee shall make any material misrepresentation herein, or other materials provided by Lessee in connection with negotiating or entering into this Lease; (vii) any fraudulent conveyance or making of assignment by Lessee for the benefit of any or al1 of its creditors; or (viii) Lessee does or permits to be done anything which creates a lien upon the Property. The notice and cure periods provided herein are in lieu of, and not in addition to, any notice and cure periods provided by law . (b) Lessor's Remedies. Upon the occurrence of any of such events of defau It, Lessor shall have the option to terminate this Lease on ten ( I 0) days written notice to Lessee, and thereupon re-enter and take possession of the Property and dispossess Lessee . Nothing herein, however, shall be construed to require Lessor to re-enter and re-Jet in such event. Any such re-entry upon default shall be allowed by Lessee without hindrance and Lessor shall not be liable in damages for any such reentry or guilty of trespass or forcible entry . Any and all rights and remedies given under this Lease to Lessor in the event of any such default shall be cumulative, in addition to, and without waiver of or in derogation of, any right or remedy given to Lessor under any law now or hereafter in effect; (x) seek any declaratory, injunctive or other equitable relief, and specifically enforce this Lease, or restrain or enjoin a violation or breach of any provision hereof; (y) to sue for and collect any unpaid rent; and (z) Lessor may without tenninating or canceling this Lease declare all amounts and Rent due under this Lease for the remainder of the Tenn to be immediately due and payable, and thereupon all Rent and other charges due hereunder to the end of the Term shall be accelerated. (c) Lessee's Remedies. If Lessor fails to perform any of its obligations hereunder within thirty (30) days after written notice from Lessee specifying in detail such failure (or if the failure cannot be corrected, through the exercise of reasonable diligence, within such 30 day period, if Lessor does not commence to correct same within such 30 day period and thereafter diligently prosecute same to completion), Lessee's sole and exclusive remedy shall be an action for declaratory relief or actual monetary damages, excluding lost profits and lost economic damages, and Lessee hereby waives all other remedies, including without limitation the right to terminate this Lease. Unless and until Lessor fails to diligently pursue to cure 6 78 any default after such notice, Lessee shall not have any remedy or cause of action by reason thereof All obligations of Lessor hereunder will be construed as covenants, not conditions, and all obligations of Lessor will be binding upon Lessor only during the period of its ownership of an interest in the Property and not thereafter. Anything to the contrary contained herein notwithstanding, the Lessor's liability hereunder, and the sources of payment of any obligations arising hereunder shall be limited to Lessor's equitable interest in the Property, including revenue incurred therefrom . In no event are the Lessor's obligations hereunder secured by a pledge of its tax revenue . nor shall the Lessor be required to expend tax proceeds in satisfaction of its obligations hereunder. Section 17. ATTORNEY'S FEES. In the event that Lessor brings legal action against Lessee arising out of this Lease, Lessor shall be entitled to recover from Lessee all costs of suit and reasonable attorney's fees . Section 18. HOLD OVER. Lessee shall pay Lessor 150% of the amount of Base Rent then applicable, together with all Additional Rent, for each month Lessee shall retain possession of the Property or any part thereof after expiration or earlier termination of this Lease, together with all damages sustained by Lessor on account thereof The foregoing provision shall not serve to extend the Term . Section 19. FORCE MAJEURE. Lessee (except with respect to the payment of Rent, which shall not be excused in any event) and Lessor shall be excused for the period of any delay in the perfonnance of any obligations hereunder when prevented from so doing by cause or causes beyond the control of such Party which shall include without limitation, civil commotion, war, w~-like operations, invasion, rebellion , hostilities, military or usurped power, sabotage, government~! regulations_or controls, fire and other casualty, epidemic or pandemic, inability to obtain any material services or financing or through acts of God . Section 20. WAIVER OF LIABILITY . Anything ~ntained in this Lease to the contrary notwithstanding, Lessee agrees that Lessee shall look solely to the mterest of Lessor in the Property for the collection of any judgment (or other judicial process) requiring the payment of money by Lessor in the event of any default or breach by Lessor with respect to any of the terms and provisions of this Lease to be observed and/or perfonned by Lessor; subject, however, to any prior rig~ts of the holder of any mortgage covering the Property. This provision shall not be deemed, construed or mterpreted to be or constitute an agreement expressed or implied, between Lessor and Lessee that Lessor's interest in the Property shall be subject t~ impressment of an equitable lien or otherwise. Section 21. NOTICES. Each notice, request, and communication required under this Lease shall be in writing. 1t will be deemed to have been received : (i) on personal delivery; (ii) on the first business day after its deposit for oventight delivery with a recognized overnight delivery service; (iii) ifby facsimile on receipt of electronic confirmation of its receipt (but only if the facsimile is followed by delivery by Unlted States mail); or (iv) if mailed, on actual receipt (but only if sent by registered or certified mail, with return receipt requested , addressed to the other party 's address below): To Lessor: With a copy to : City of Fairhope, Alabama Attn : (Y\~ or 161 North ~ction St. Fairhope, AL 36532 Hand Arendall Harrison Sale LLC Attn : Christopher Williams 71 N Section St. Fairhope, AL 36532 7 79 To Lessee : With a copy to: Attn : ____ _ Section 22. INVALIDITY . If any tenn or provision of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 23 . BINDING EFFECT. The covenants and agreements herein contained shall be binding upon and inure to the benefit of the respective parties hereto, their legal representatives, successors and assigns (subject to the restrictions against assignment as set forth above). Section 24. TIME IS OF THE ESSENCE. Time is of the essence in the perfonnance by Lessee of any covenant or obligations hereunder. Section 25. WAIVER OF LIEN. Lessee shall have no right, and Lessee hereby waives and relinquishes all rights which Lessee might otherwise have, to claim any nature of lien against the Property or to withhold, deduct from or offset against any rent or other sums to be paid to Lessor by Lessee, except as expressly provided under this Lease. Section 26. CAPTIONS OR TITLES . The captions or titles used throughout this Lease are for reference and convenience only and shall in no way define, limit or describe the scope or intent of this Lease. Section 27. GOVERNING LAW. This Lease shall be governed by, and construed in accordance with, the internal laws of the State of Alabama without regard to its principles concerning conflicts of law. Section 28. ENTIRE AGREEMENT . The recitals and terms and provisions of all Exhibits described herein and attached hereto are hereby made a part hereof for all purposes. This Lease constitutes the entire agreement of the parties with respect to the subject matter hereof, and all prior correspondence, memoranda, agreements or understandings (written or oral) with respect hereto are merged into and superseded by this Lease. Section 29. AUTHORITY . Lessee warrants, represents and covenants that (a) it is a duly organized and existing legal entity under the laws of the state in which it is organized , and in good standing in the State of Alabama, (b) it has full right and authority to execute, deliver and perform this Lease, and (c) the person executing this Lease on behalf of Lessee was authorized to do so. Section 30. COUNTERPARTS. This Lease may be executed in counterparts with the same effect as if the parties had executed one instrument, and each such counterpart shall constitute an original of this Lease. B 80 {Remainder of Page Intentionally Left Blank} 9 81 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date first above written . LESSOR: City of Fairhope, Alabama an Ala corporation 10 82 EXHIBIT A Master Parcel 11 83 EXHIBITB Site Plan 12 84 EXHIBITC Description of Equipment 13 85 EXHIBIT D Rules and Regulations 1. Alcoholic beverages, glass bottles, fireworks, fires , and/or grills are not permitted on the Master Parcel. 2. Sidewalks, doorways, vestibules , halls , stairways and other similar areas shall not be obstructed o r used for any purpose other than ingress and egress. 3. Plumbing fixtures and appliances shall be used only for the purposes for which designed, and no sweepings , rubbish , rags or other unsuitable material shall be thrown or placed therein . The cost to repair and damage resulting to any such fixtures or appliances from misuse by a lessee and/or tran sferee shall be paid by such lessee. 4. Use of space heaters or floor heating devices is strict ly prohibited . 5. Lessees s hall exercise reasonable precautions in protection of their personal property from loss o r damage by keeping doors to unattended areas locked . 6. Lessor reserves the right to deny entrance to the Master Parcel or remove any person or persons from the Master Parcel in any case where the conduct of such person or persons involves a hazard or nuisance to the public or in the event of other emergency , riot, civil commotion or sim ilar disturbance involving ris k to the Master Parcel or the general public . 14 86 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 Magnolia Avenue Underground Electric Part 1 (Bid No. 23-036) 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: Please see attached Bid Tabulation for Magnolia A venue Underground Electric Part 1 [3) After evaluating the bids with the required specifications, U-Tec Construction, Inc. is now awarded (Bid No. 23-036) Magnolia Avenue Underground E lectric Part 1 (Labor Only Bid) with a total bid proposal not-to-exceed $295,380.68. ADOPTED ON THIS 11 TH DAY OF SEPTEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson, Council Pre s ident 87 COF Proj ect No . 2362 lssumg Date ---=8'-'/3'-'1-'-'/2cc0-=2-'-3 __ City of Fairhope Proiect Funding Request Plea se return thi s Ro~tin~ Sheet to T~easurer b~P ProJect Name. Approve the Award of Bid No. 23-036 Maanolla Avenue Underaround Electric {Part 1 l Project Location : Intersection of N. Bancroft to midway N. Section & N. Church Streets Reso lution # · Presented to City Counci l: ___ 9/_1_1_/2_0_2_3 __ Approved _____ _ Fund ing Request Sponsor: Be n Patterson, Electric Superintendent Changed _____ _ Rejected _____ _ Pro1ect Cash Require ment Requested : Cost : $ 295,380.68 Not-to-Exceed Amount Vendor: U-TEC Construction, Inc. (Vendor #8444) Pro je ct Engineer: -'-n"-/a"--------------------------------------------- Order Date : n/a --------Lead Time · --~n~/a~--------- Department Funding This Project Genera l C Gas C Electric 0 Wate C Wastewater C San itation C Cap Pro ject C Impact C Gas Tax C Fed Grant C Department of Gene ral Fund Providing the Funding Ao m•n-10 Fleet-46 Bldg -13 C '-' Golf-50 L Po hce-15 0 Fir e-20 C ECD-24 C Re c-25 0 Civic-26 C Manna-34 C Slreet-35 C Meter-19 C Plan/Zone -12 C Adult Rec-30 ·7 Golf Grounds-55 D Muse um-27 CJ NonDeptFac-75 0 Debt Serv•ce-85 C Pro ject will be Expensed Capitalized Invent ori ed _____ c XXX ~ ----'-'"-"-'---c Ex pense Code : 003-59500 Lin e 30 GI L Acct Name : Electric -Utility System Improveme nts Prorect Budgeted : _$~-~2_9_5~13_8_0_.6_8_ Ba 1ance Sheet ltem- l ncluded 111 proJected C cash flow -------- Funding Source : Over (Under) budget amount. -'-$ ______ _ Approve the award of Bid No. 23-036 to U-TEC Construction, Inc ., for the conversion of overhe 3d electrical lines to underground along Magnolia Ave. from the 1ntersection of N . Bancroft to midway of N . Section and N. Church Streets in the not-t o-4 xceed amount of S295 .380.68 for labor. Th• City will provide necessary materials for this project. Authorize the Mayor to execute contract. Opera11 ng Expenses _______ C Budgeted Capital XXX [!' Unfunded ------- _______ Federal - not to exce ed amount St ate -------______ City ______ Loc al Bond : _____ _ Lo an: ______ _ Title Title _______ Y ear Yea r ------- IT-16 L Capital Lease :_______ Pa yme nt _______ Ten n ~--~------------------~---------------------J City Council Prior Approval/Date? _______ _ Senior Accountant City Treasurer Mayor Purchasing Memo Date : ---"8/"'3""1"'/2"'0'-'2'-'3c..__ Purchasing Memo Date: ---"8"'/3""1"'/2"'0'-'2'-'3c.._ __ 88 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 : From : Suzanne Doughty, Senior Accountant Kimberly Creech, City Treasurer Erin Wo lfe, Purchasing Manager Date : August 31, 2023 Re: Requesting Green Sheet and Approval by City Council to award Bid No. 23- 036 Magnolia Avenue Underground Part 1 The Superintendent of the Electric Department , Ben Patterson , has requested to procure a qualified contractor to convert overhead electrical lines to underground along a two-block area along Magnolia Avenue from the intersection of North Bancroft Street to midway of North Section Street and North Church Street in downtown Fairhope. A service bid was issued on August 7 , 2023 , posted to the City of Fa irhope 's website , and viewed by 152 of 406 vendors who select to receive e-notifications . One (1) responsive bid was received at the bid opening on August 30 , 2023 at 10 :00 a .m. Our recommendation is to award this bid to U-TEC Construction , Inc. for the bid amount of Two Hundred Ninety-Five Thousand Three Hundred Eighty Dollars and Sixty-Eight Cents ($295 ,380.68). Please prepare a Green Sheet and place on the next City Council Agenda this request to award Bid No. 23-036 Magnolia Avenue Underground Part 1 for $295,380.68. Enclosure Cc: Ben Patterson, Clint Steadham 89 E ENGINEERING a GDS Associ ates Company August 30 , 2023 Ms . Erin Wolfe Purchasing Manager City of Fairhope 555 South Section Street Fairhope , AL 365320 Subject: Bid No. 23-036 Magnolia Ave. Underground Part 1 Dear Ms . Wolfe : Li nda Gray , Project Manage r Linda .gray@g dsa ssociat&s .co m direct 77 0.79 9.2 388 cell 678.6 41.18 4? On August 30 , 2023 , at 10:00 A.M. bids were opened by the City for the above captioned Project. The Project consists of the conversion of overhead electrical lines to underground along a 2- block area along Magnolia Avenue from the intersection ofN. Bancroft St. to midway ofN. Section St. and N. Church St. The Contractor will provide labor and equipment to perform the work; the City will provide the materials. Hi-Line Engineering is the Engineer on Record for this Project. The Project was advertised in 3 statewide newspapers and invitations were sent to a list of contractors known to perform this type of work . Four contractors attended the mandatory pre-bid meeting on August 22nd. At one point in the bid process , seven contractors showed varying levels of interest in the Project. Currently , there is a lot of work available and too few crews ; several contractors dropping out of the bidding citing heavy workload or too few resources . One bid was received , that of U-TEC Construction , Inc. headquartered in Tucker, GA. Hi-Line Engineering verified the bid for balance and mathematical errors . The bid is reasonably balanced among the construction units. However, the bid was added incorrectly on the Summary. After verification of the corrected bid by U-TEC , the labor only bid for the Project is $295,380.68. The construction estimate for this bid is $300 ,000 .00 (labor only). This estimate is based on current prices in the construction industry for similar work . Since the bid is reasonabl y balanced and close to the estimate , we recommend that the City award the contract to U-TEC Construction, Inc. for the bid of $295 ,380.68 . Sincerely, ~GrJ47 Project Manager 1850 Parkw ay Place • Su ite 800 • Mar iett a, GA 3(106 7 • 770-425 -8100 • Fax 866 -611-379 1 • www .gdsass ociates .com Gt.oq;lr 4 Ter a, • Ala~am.-. • r~o \".' H amp shi r e • \"Jls ccn si n • Fl or l d2 -> M<lin (. • Was hington " Celifo ~nl& i !I 90 City of Fairhope 555 SOUTH SECTION STREET FAIRHOPE, AL 36532 BID TABULATION BID No. 23-036 MAGNOLIA A VE UNDERGROUND PART 1 Bid Bond 1 NewUG Part LCR- CONTRACTOR YIN YIN Construction Units R e mo v als Traffic C ontrol East Bay Electric, LLC Robertsdale , AL Petty Line Construction Co ., Inc. Clanton , AL I Rylands Underground Services , Inc. Robertsdale , AL U-TEC Construction , Inc . N y $285,401 .27 $2 ,775 .00 $7 ,204.41 Tucker, GA Pike Electric *Did not attend mandatory ore-bid APPARENT LOW BID : $295,380.68 _____ __;.._...:,._ ______ _ CONTRACTOR: U-TECH Construction, LLC ------------'----- BID DATE : August 30 , 2023 TIME : 10:00 A .M . EDT Total Bid Submitted a No Bid Submitted a No Bid $295 ,380.68 Submitted a No Bid 91 ITEM Ill REVISED Bid Response Form MAGNOLIA AVE URD PROJECT-PART 1 BID 23-036 PROPOSAL SUMMARY 1. NEW UG CONSTRUCTION UNITS------$ 285,401.27 ----------- 2. PART LCR --REMOVALS -------$ 2,775.00 --------------- 3. SUBTOTAL (Item 1 + Item 2) -------$ 288,176.27 --------------- 4. TRAFFIC CONTROL (Max. 2.5% of Subtotal)---$ 7,204.41 ----------'---- 5. TOTAL PROPOSAL ----------$ 295,380.68 ============ x We hereby acknowledge Addendum No 1 to Bid 23-036 has been received and noted. Inc . Ernest Morrison , Preesident 8/30/2023 Print Name and ntle Date ATTEST: NOTARY FOR INDIVIDUAL, PARTNERSHIP, CORPORATION, OR LLC STATE OF Geoaa ,·a. couNTY OF D12.:m,,1 b I, the undersigned authority in and for said State and County, hereby certify i:mL1T Mo(t';SCl\1 Name _G~eis.=-id-=e.~""'-'-+ _________ respectively of U.-:te:(: G:>ns+,..,,c;¼:ia.t, :roe I Title Company Name Whose name Is signed In the foregoing document and who is known to me, acknowledged before me on this day, being informed of the contents of the document they executed the same voluntarily on the day the same bears date. As so~ ~ + -::i ,,,,, .. .,,,,, Given under my hand and Notary Seal on this day ofk(.f. , 202~. ~,,, p.. W f Ls ,,,,,. (J , '.'>, ...... -..\, .......... o.,,_ '-': /, ~ n •,.. f J \. / _ ,:0 ~ .. ;;.,f,SION~~Y -=, NOTARY PUBLIC C-A»UJL ~ jO{// J'l'fAA~ \\~\ -o,. ~ ·-)c:>-c. I) 5 -a -a:-MY COMMISSION EXPIRES __._l-_.~._-_,O':.._Q"-'J_"'--____ ___,_.: i~ /lua'-f" ~• 0 ~ -~ ~ ~l 1.iJ .. Addendum 1 4 of 4 '\ (~ -~/. (:j~~ ~,,, Coulll~ ~,, ... ,,,,, .... ,,,,, 92 ,,·~ ;; ~ ,,f:.;-•· Item# Unit Number 1 LCN 15US3.PJ.2222.BGT 2 LCN UC4 3 LCN UC7 .1 4 LCN UD#1 /0 URD 5 LCN UD#500 MCM URD 6 LCN UF1 .PN 7 LCN UF3 .PME9 8 LCN UG1 .2.50 9 LCN UG1 .3.50 10 LCN UH1 .1 11 LCN UH1 .4 12 LCN UM6 .C2 13 LCN UM6.EL2 .1/0 14 LCN UM6.EL6.500 15 LCN UM6.FI.VR 16 LCN UM6.IN22 17 LCN UM6.JN222 18 LCN UM6.PK2 19 LCN UM6.PL6 20 LCN UM6.PL6 .2 21 LCN UP2 .2 22 LCN UP7 .B3 23 LCN UP8 .2 24 LCN US3 .SF9 25 LCN UT3 .36 .06 Addendum 1 l ITEM Ill REVISED Bid Response Form DISTRIBUTION CONSTRUCTION ASSEMBLY UNITS NEW UNDERGROUND CONSTRUCTION ASSEMBLY UNITS MAGNOLIA A.VE. URD PROJECT -PART 1 Number of Units Unit Description 1 ea . 3-phase primary junction 4-way 200amp -Below grade traffic rated 1 ea. 3-phase 600 amp riser using 3-phase Tee bracket 1 ea . 3-Phase 600 amp switches using 3-phase Tee bracket 2 ,253 ft . 1/0 URD primary 1,665 ft. 500 MCM URD primary 7 ea . 1-phase padmount transformer pad 2 ea. Fiberglass ground sleeve for PME-9 3 ea. 1-phase radial feed padmount transformer -Size specified 4 ea. 1-phase loop feed padmount transformer -Size specified 7 ea . Ground assembly with 1 rod -1-phase 3 ea . Ground assembly with 4 rods -3-phase 8 ea . 200 amp insulated protective cap 36 ea . 200 amp elbows for 1/0 URD primary 9 ea. 600 amp Tee Body for 500 MCM URD primary 16 ea . Fault indicator with Voltage Reset 4 ea . 200 amp feed through insert 3 ea . 200 amp 3 po int term inatio n , load break 4 ea. 200 amp stand off 6 ea . Insulating plug for Tee body 3 ea . 600 amp to 200 amp load break reducing tap plug 6 ea . 200 amp elbow arrestor 1 ea. 3 conduit riser with standoff brackets 3 ,963 ft. 2" Conduit 2 ea . PME-9 Switchgear 600 amp in & out, (2) 200 amp fused out deadfront 15 ft. Trench 36" deep by 6" wide with concrete cap 1 of 4 Labor Unit Price Extended Price $611 .50 $611.50 $2,450.00 $2,450.00 $2 ,660.00 $2 ,660.00 $1 .75 $3 ,942 .75 $3 .00 $4 ,995 .00 $81 .51 $570.57 $693 .86 $1 ,387 .72 $385.48 $1 ,156.44 $493 .39 $1 ,973 .56 $55 .83 $390 .81 $111.66 $334 .98 $24 .02 $192.16 $89.24 $3,212 .64 $240 .02 $2,160 .18 $75.00 $1 ,200 .00 $32.17 $128 .68 $45.85 $137 .55 $20 .76 $83 .04 $32.17 $193 .02 $32.17 $96 .51 $51 .90 $311.40 $1 ,200 .0 0 $1 ,200.00 $1 .25 $4 ,953.75 $1 ,019 .51 $2 ,039 .02 $1,350.00 $1 ,350 .00 93 >5 .,.,; ' Item# Unit Number 26 LCN UT4 (1-2") 27 LCN UT4 (3 -2") 28 LCN SET-UP FOR BORE 29 LCN 3" pvc conduit for risers 30 CREWSTANDY 31 SWG REMOBILIZATION Add endum 1 ·-· ITEM Ill REVISED Bid Response Form DISTRIBUTION CONSTRUCTION ASSEMBLY UNITS NEW UNDERGROUND CONSTRUCTION ASSEMBLY UNITS MAGNOLIA AVE. URD PROJECT -PART 1 Number of Units Unit Description 732 ft . Directional bore and pull back for specified quantity, size , and length of conduit 1,047 ft . Directional bore and pull back for specified quantity, size , and length of conduit 1 ea . Set up boring machine if trailered for move 300 ft . Conduit for risers 20 hr. Crew unable to work at request of City . Must be pre-approved by City . 1 ea . If required , Remobilization to return to install switchgear. 2 of 4 Labor Unit Price E><tended Price $108 .02 $79 ,070 .64 $151.05 $158,149 .35 $350 .00 $350 .00 $2 .00 $600 .00 $350 .00 $7 ,000 .00 $2 ,500 .00 $2 ,500.00 $285 ,401.27 TOTAL INSTALL UN ITS $285 ,401 .27 94 ,. ~' .•.. !. Item Unit Number No. 1 LCR 15US3 .PJ .2222 2 LCR UM6 .EL2 .1/0 Addendum 1 -.. ITEM Ill REVISED Bid Response Form DISTRIBUTION CONSTRUCTION ASSEMBLY UNITS-LINE CHANGES PART LCR -REMOVAL CONSTRUCTION ASSEMBLY UNITS ,-. ,, MAGNOLIA AVE. URD PROJECT -PART 1 • .. - Number of Units Unit Description 1 ea. 3-phase primary junction 4-way 200amp -Below grade traffic rated 21 ea . 200 amp elbows fo r 1/0 URD primary . Labor Unit Price Extended Price $1,200.00 $1 ,200.00 $75 .00 $1,575 .00 $2,775 .00 TOTAL REMOVAL UNITS $2,775 .00 3 of 4 95 RESOLUTION NO. ---- BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows : [ 1] That the City of Fairhope approves the procurement of a Fitness Court® System (Circuit Training System) to be installed on the west end of Mike Ford Tennis Center from National Fitness Campaign LP as Sole Source Supplier for a not-to-exceed amount of $155 ,000.00. [2] The City will receive contributions towards the project from: ■ Fairhope Single Tax ($40,000.00) ■ Fairhope Rotary Club ($40 ,000.00) ■ Blue Cross Blue Shield Grant (40 ,000.00) [3] Additional costs necessary will be funded by the City and will be no greater than $100 ,000.00. This project is included in the DRAFT FY24 Budget for the Recreation Department 's Capital Improvements. [4] Procurement is exempt from formal bid pursuant to Competitive Bid Law , Code of Alabama 1975 , Section 41-16-51(7). ADOPTED ON THIS 11 TH DAY OF SEPTEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 96 City of Fa irhope Proiect Funding Request COF Project No. 2365 Issuing Date __ ...;9c:./1-"/-=2-'-'02""'3'---Please return this Routing Sheet to Treasurer by . __ ...;A~S.::.A~P __ Project Name: A rove the Procurement of a Fitness Court at Mike Ford Tenn is Center Circuit Tralnln S stem ProJect Locat ion : Mike Ford Tennis Center Presented to City Council : ---'-9'-/1'-1-"'/2""'0"'2"'3 __ Fund ing Request Sponsor: ..,Sc:ch,.:ec..rryCL..S:c.u.::.lc,;llc.:.v.::.anc:.,c,;M=aLyo.::.r'---------------------- Pat White, Recreation Director ProIect Cash Requirement Requested · cost: ~$ ___ 1_ss~10_0_0_.o_o_ Vendor: National Fitness Campaign LP (Vendor #TBD) Resolution # . Approved _____ _ Chang ed _____ _ Reiected ______ _ Project EngIneer: _n_/a ____________________________________________ _ Order Date : ---~n'-/a'----Lea d Time . ___ n_/a _________ _ Department Funding Th is Project ~ Genera/ lZ Gas = Electric C WateC Wastewater C Sanitation C Cap Project C lmoact C Gas Tax C Fed Grant '- Admin-10 Fleet-46 llepanment of General Fund Providing the Fundi ng Bldg-13 C C.. Golf-SO [ Expensed Cap1ta!1zaa ,n,entoned Polrce-15 C Frre-20 C Golf Grounds-55 D Museum-27 u ________ c ____ x_x_x ____ 1Z Expense Code · 001250-50475 ECD-24 0 Rec-25 f2 NonOeptFac-75 0 Debt Service-BS C Funding Source: Civic-26 C Manna-34 C Street-35 C Meter-19 C: Plan/Zone-12 [. Ad ult Rec-30 D Operating Expenses -------~ Budgeted Capital ___ x_x_x __ Unfunded C Federal -not to exceed amount ------- GIL Acc1 Name: Capital 11'-'n,_p-'-r o'-v'-e"m=o'-'n"-ts'---------------______ State ______ City Loca l -------Project Budgeted :~$ __ ~1-'-55 I00 0.0_Q_ /Item included in DFIAFT FY24 Budget) Balance Shaet Item-C incl uded 111 projected cas n t:ow ----Bond . ------Ov er (Under) oudget amount · ..J ______ -_ Loan : ______ _ Title Title _______ Yea r Yea r ------- Aµpmvv Iha µrocurement of a fitness co urt (circu:t tr.:u ,,in g sys ti!m) ror Mike Ford Tennis Center from so1e.source provide r Nal1011.1I Fiti,es~ CamPa1gn LP. in the amount of $155,000. For instJUatinn, concrete p3d will be necessary. Th!I City w ill receive contributions towuds this pro~ct fr om : Fairhope Smgle 1 ax ($4~.000), F~.rhope Not3,Y Club (U0,000) and 11 Blu !.l C:"O~S Blue Shield yrant of (~4•J,OOO). Any adcJ itlom1il cos!.& neceuse.ry will be fundod by the Ci\y and will be no yreate1· tha n S10C ,0:>\J . This prujoct Is ir,chu.ted in the DRAFT FY24 iJudget forth 11 Re crc1t1o n dep:srtn1ent'• Carutal Improvements. Cit~ Council Prior Appro11al/Date? Senior Ac c ountant C ity Tre as urar Capit al Lease: ______ _ Purchasing Memo Data :__ 911 120 2:, Purchasing Memo Date: ----'9""/""1/.-=2c:0.:2:.3 __ _ Re ~es t pproved Da rn : 9/1/2023 ~I ~ O,tL Kireecfi <.. Payment -------Term Mayor IT-16 C HR-1 7C 97 ~~ ~~ dt,ABA~~ Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robin son Lisa A . Hanks , MMC City Clerk Kimberly Creech Treasurer 161 North Sect ion St. PO Drawer 429 Fairhope, AL 36533 251 -928 -2136 (p) 251-928-6776 (f) www.fairhopeal.gov MEMO To : From : Date : Re : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer Erin Wolfe , Purchasing Manager September 1 , 2023 Green Sheet and City Council Approval of Procurement of Fitness Court® System The Mayor, Sherry Su llivan , and the Director of Parks and Recreation , Pat White , are requesting procurement of a Fitness Cou rt® to be installed on the west end of Mike Ford Tennis Center. National Fitness Campaign LP is the Sole Source for the Fitness Cou rt® System . The Fitness Cou rt® System is a patented , comprehensive outdoor circuit training system , which can support 28 simultaneous users . It includes a Public Art Mural and Digital Engagement Wall. Also included in the system is the Fitness Court® App and Digital Tracking System . The price of the Fitness Court® System will be One Hundred Fifty-Five Thousand Dollars ($155 ,000 .00) plus the cost of a concrete pad and installation of the system . The City will receive contributions from the following entities for this procurement: Fairhope Single Tax: $40 ,000 .00 Fairhope Rotary Club : $40 ,000 .00 Blue Cross & Blue Shield Grant: $40 ,000 .00 Total : $120 ,000 .00 The additional cost to the City will be no greater than One Hundred Thousand Dollars ($100,000). National Fitness Campaign LP is the sole source for the procurement of the Fitness Court®, and the Fitness Court® app and engagement wall and therefore does not need to be let out to bid . Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement of the Fitness Court® System for no greater than $100,000.00. CC file , Sherry Sullivan , Pat White , Clint Steadham 98 National Fitness Campaign LP For all ques tions regardin g thi s qu ote, contact : info @nfchq .co m QUOTE Created Date Expiration Date Quote Number Bill To Name Bill To 2023 -Fitness Co urt® and National Campaign Resources (S hipping Included) NFC State Sponsor Grant Standard Collection Term s 1. PAY MENT TERMS Tax % Grand Total 5/17 /202 3 8/25 /2 02 3 000006 84 Rot ary Club of Fa irh ope , A L 402 Bellangee Avenu e Fairhope , AL 36 532 us 0.0000 % $115 ,000 .00 1.00 1.00 1.00 $155 ,000 .00 ($40 ,000 .00 ) $0.00 Purchas er will pay Seller 10 0% of the Purchas e Price upon re ceipt of deli very . Purchaser is res ponsib le fo r pay ment of sh ippi ng cos ts, including pac ki ng , insurance , and freight. Th ese pay ment terms w ill app ly unless bo th partie s have agreed to oth e r app rov ed pay men t term s 2 . TAX EX EMPTION Thi s quote d total is based upon Purchase r's tax-exempt statu s , fo r wh ich verifying documentation mu st be provided to the Seller . If th e Purch as er is not tax-e xempt , sales ta x w ill be applied before Purcha se Pri ce is co nsidered final or bi nd ing . 3. STANDARD WARRANTY A ND TERMS NFC standard warranty and terms apply . See natjonalfitnesscampajgn com/warranty fo r details . 4 . PURCHASER OBLIGATIONS / TERMS AND COND ITI ONS Purchaser acknowledges upon receipt of the Fitness Court that they are resp onsible for the follow ing item s co nce rn ing the purchase of the Fitness Court w hich includes Design , Activation , and Campaign Resources : • Purchaser is responsible for prov iding storage of the Fitness Court w ith insured protecti on , including liabili ty , theft , or damage . • A sa fe and environmenta ll y controlled storage environment is required to st ore the tile adhesive . Store tile adhesi ve at temperatures between 50 'F (10 'C) and 100 'F (38 'C). • NFC is not responsible for damage after receipt of goods by the Purchaser. • Purchaser is responsible for (under a sepa rat e agreement) providing installation of the concrete slab footing , applicab le ADA Access , Pour In Place or T il e Flooring installation , and Fitness Court installation per the NFC In stallation Manual , adhesi ve manufacturers recommendations , and local safety, permitt ing , building, and planning code requirements . • Assembly Completion Certificate submiss ion to NFC is required with in 15 days of Fitness Court In stallation . • A safe and en vironmentally controlled storage en vironment is required to store digita l print graphics . • NFC sha ll no t be responsible for work performed by others . • Purchaser to provide all on-site maintenance , safety , and secur ity . • Purchaser shall not allow any use of Fitness Co urt unt il all Graphics are installed. • Purchaser unde rstands that the use of exercise equipment in curs risks that are vo lun taril y entered into . Term s of Use of the Fitness Court by th e publ ic located at the purchaser's site shall be governed by the Purchaser in addition to the NFC minimum guidelines . • Purchaser must maintain graphics and posted safety rules and regulations . • Pu rchase r sha ll be responsible for site selection and all inherent risks associated w ith the choice of site sele ction , inc lu ding risk to the general public. • Purchase r acknowledges that all sponsors providing funding for the Fitness Court shall not be held liable fo r any risk associated with the insta ll ation of or use of the Fitness Court . • Purchaser acknowledges that all product defects shall be cove red by the contract manufacturer of the Fitness Court and all defects related to the installation of the Fitness Court shal l be covered by the installer hired by the purchaser . • Purchaser accepts risks and requirements as out li ned in the approved Grant Funding Applicat ion as applicable . • If the Purchaser is not the le gal Land Ow ner , th en they are required to ensure that the Land Owner is aw are of and w ill ing to abide by all Obligat ions / Terms and Conditions . Otherwise , they sha ll be responsible for these obligations , including Terms of Use . The same obligations and li ab il it ie s sha ll exist if the Fitness Court , wh ich includes Design , Activation , and Campaign Resources , is sold , acquired , assumed , transferred , or gifted to another party. Th e new party must be aware of and willi ng to abide by all Obligations / Terms and Conditions herein or the y w ill reta in responsibility . 5 . PURCHASER ACKNOWLEDGMENTS Purchaser acknowledges and accepts upon receipt of Fitness Court all terms and co nd iti ons as described abo ve , including Pa yment Terms , Terms of Tax Exempt Status , NFC Standard W arranty & Terms , Warranty Disclaimers , and Purchaser Obligations . Registered Offi ce : PO Box 236 7 , San Fran cisco , CA , 94126 , USA . 99 QUOTE Registered Office: PO Box 2367, San Francisco , CA, 94126 , USA . National Fitness Campaign LP For all questions regarding this quote , contact: info@nfchq .com Created Date Expiration Date Quote Number Bill To Name Bill To 5/17/2023 8/25/2023 00000684 Rotary Club of Fairhope , AL 402 Bellangee Avenue Fairhope , AL 36532 us 100 National Fitness Campaign LP I PO Box 2367, San Francisco CA 94126 I info@nfchq.com August 22 , 2022 To Whom it May Concern , National Fitness Campaign LP is a consulting firm that partners with public and private organizations to impact quality of life through changing the built environment and community wellness practices. The NFC initiative provides design and planning services, a trademarked outdoor infrastructure product, the Fitness Court®, an integrated digital ecosystem, the Fitness Court® mobile app and engagement wall, and integrated public art wall to approved cities, schools, and organizations that apply to receive an NFC partnership a nd bring the program to their selected site location . This program is highly specialized , and NFC is the only organization in the world that delivers these elements either individually, or as part of an integrated program. For the reasons listed below, the trademark ownership of the system and infrastructure, and the integrated nature of the initiative including services , products , tools and grant funding , it is approved as a sole source across the United States . A competitive analysis has been conducted by hundreds of cities and institutions across the country, who have concluded that the products and services have no equal. This group includes cities like Sacramento California and Las Vegas Nevada , and institutions such as Stanford University and The University of Colorado at Boulder, where the Fitness Court® and associated tools and services were successfully sole sourced , evidenced by public documentation and approvals which have been documented widely. Further, the Fitness Court® is trademarked and owned by National Fitness Campaign. While the integrated nature of the products and services is grounds for sole source by most national standards, there are three primary differentiators that validate the sole source justification of the Fitness Court® and national campaign resources, which are described below. In addition to the below descriptions of these three primary items, an appendix is provided as an attachment to this document that provides graphic aids and further detailed information regarding the differentiation of this program and its associated products and services . 1. Patented Fitness Court® System A. Fitness Court® is trademarked and owned by National Fitness Campaign LP . a. As such, this product cannot be procured from any other organization. Any organization seeking to fund and install a Fitness Court® must do so through National Fitness Campaign LP. i. See Appendix for Trademark Document from the United States Patent and Trademark Office B. The Fitness Court® and each element is manufactured only by National Fitness Campaign LP . It is impossible to not only procure the elements as a system , but individually. Every aspect of the Fitness Court®, including the functional design of all equipment, structural engineering , elements are the property of National Fitness Campaign LP . The individual elements are each named and registered with a unique design and serial number. Because the design of the elements is owned by National Fitness Campaign LP and not licensed to any other organization or distributor, it is not possible to procure them anywhere else . C . The Fitness Court® is available only in a single configuration , shown in the 101 appendix materials . The system includes over 118 unique elements . There is absolutely no variation in the layout of the elements . Elements can not be added or removed . Spacing cannot be altered . Like many integrated products, Individual elements can not be procured separately. D . The Fitness Court® has a patented training envelope that accommodates more users per square foot than any other system in the world . The Fitness Court® is a comprehensive outdoor circuit training system , laid out in 32 'x32 ' of space, for a total of 1024 sq ft of training area . NFC's patented design is able to support 28 simultaneous users on 30 integrated bodyweight training components, derived from the previously stated 118 elements . This configuration is impossible to re-create in only 1024 square feet without NFC's patented equipment and components due to specific requirements set forth by other manufacturers. E. Public Art Mural and Digital Engagement Wall a . Each Fitness Court® is designed as a one-of-a-kind work of art that includes a 32 'x5 .5' public art mural. The mural is an integral component of the Fitness Court design, and makes each Fitness Court® a one-of-a-kind public art installation. b . Further, the mural can be periodically re-designed and introduced , to create a rotating art mural. i. NFC provides integrated consulting and design services to assist in this process . c . Digital Engagement Wall i. On the opposite side of the mural wall, the Fitness Court includes a custom digita l engagement wall. 1. This wall provides digital QR codes and embedded , proprietary information regarding the use of the Fitness Court® and Fitness Court App . 2 . This information is unavailable from any other organization because it is the IP of National Fitness Campaign LP . 3 . Tracking Fitness Court® usage wouldn't be possible without the built in GPS tracking features available on the Fitness Court® digital engagement wall. d . NFC is unaware of any other outdoor fitness element that provides an integrated art mural of any kind . e . Further, NFC has an in-house art studio that designs, produces, and creates the art and custom graphics that are integrated into each Fitness Court. i. This scope of services for design and production of commercial grade, anti-graffiti laminate vinyl spec ifi c to the Fitness Court® is not provided by any other organization as an integrated service. 2. Fitness Court® App and Digital Tracking System a . Each Fitness Court® is supported by a mobile app ca ll ed the Fitness Court® App . All IP , including the app itself are owned by National Fitness Campaign LP . The training resources, world-class workout programs , challenges and data analytics features are only available for Fitness Court® users and site partners . b. No other outdoor fitness equipment provides a mobile app with the following four categories of functionality: 102 c. Mobile App Primary Features 1. Mark Laur e n Tra in ing Series a . Mark Lauren is a US Speci al Operations Trainer and Bestselling Author. He has deve loped 18 proprietary workout programs specifically for the Fitness Court® system . They are on ly avai lab le on the Fitness Court® App . Mark Lauren has no other programs for outdoor fitness equipment available . 2. Fitness Court® App Live Cha lle nge Feature a. This is a proprietary feature that all ows a user to score a 7 station circuit on the Fitness Court® using their mobile dev ice . This feature is not avai lab l e for any other o utdoor fitness produ ct of an y k ind . 3 . Annu al Data Analytics Reporting a. Each site partner who builds a Fit ness Court® receives an annua l data report tracking usage on their Fitness Court®. b . To NFC 's knowledge, no other manufacturer of any type of outdoor exercise component provides regular, annual report of key usage metrics using digital , GPS based systems . i. The Report is provided by NFC , and incl udes annual demographic data, user age ran ges , Fitness Co urt a pp downloads and other imp ortant information . ii. This information is generated by NFC's proprietary GPS based data analytics services for each Fitness Court® in America . c . See append ix for sample annual user data report. d . See appendix for additional info rma tion regarding the Fitness Court41> App . 3 . National Grant Funding a. National Fitness Campaign LP builds and mai ntain s a National Grant Fund, supported each year by sponsors and partne rs of the campaig n . This funding takes tremendo us effort to build , and it is provided by National Fitness Campaign and partners and sponsors to support the mission of making wellness infrastructure free and accessib le across America in partnersh ip with leadi ng cities, schools and organizations . b . For 2023 , Natio nal Campaign sponsors inclu de: i. The Keith Haring Fitness Court® Signature Series Collection ii. Engineered In stallation Solutions iii. Regupo l America iv . USA Shade and Fabri c Structures v . Badger Sport c. To procure a Fitness Court®, an organization must complete a formal application and be approved for funding and participation . Each partner organ ization that succeeds in submitting a successful appl ic ation is eligible to receive a Grant Award which is deducted from the funds requ ired for the NFC program from spo nsors of the National Fitness Campaign . 103 d . This funding is administered in the preferred method of receipt for each partner organization . Methods includ e a credit on final invoices for remaining funding , and direct grant disb urs ements provided by Nationa l Fitness Campaign . e. This funding is available for a limited number of partners in each state on an annual basis , and is awarded based on merit of application from a qualified site partner, including the requirement for the Fitness Court to build in a publicly accessible location. f. For more information , see : https://nationalfitnesscampaign .com/qrants No other vendor, distributor or organization makes these materia ls avai lab le for procurement by any city, schoo l, or organization . They must be acquired from National Fitness Campaign LP . If you have further questions regarding this sole source letter or require additiona l information , please contact us per the information provided on this letterhead . Sincerely, ~l Mitch Menaged, Founder and Director Nationa l Fitness Campaign LP 104 National Grant Funding National Fitness Campaign is a quality of life consulting firm builds and maintains a National Grant Fund , supported each year by sponsors and partners of the campaign. This funding takes tremendous effort to build , and it is provided by National Fitness Campaign and its sponsors to support the mission of making wellness infrastructure free and accessible across America in partnership with leading cities , schools and organizations . Distributions from this Grant Fund are provided directly to cities , schools , and organizations who qualify for, and are approved to become, campaign partners . For the 2023 Campaign , National Campaign sponsors include: 1. The Keith Haring Fitness Court® Signature Series Collection in partnership with Artestar and the Keith Haring Foundation 2. Engineered Installation Solutions 3. Regupol America 4. USA Shade and Fabric Structures 5. Badger Sport Additional state and regional sponsors are now joining the campaign, as well as state recreation agencies and other partners . Sponsor funding and grant distribution varies per state and location , based on participating partners and the presence of campaign sponsors and partners within that region . Funding distributions can vary annually based on these factors, and the overa ll size of NFC's National Grant Fund . Participating as a partner in the National Fitness Campaign To become a partner in the NFC program and bring a Fitness Court® and associated services to a location, an organ ization must e ngage in a qua li fication and feasibility process, and be approved to comp lete a formal application and be approved for funding and participation. NFC's feasibility and qualification process is led by consultants that assist eligible cities and schools in determining if they are qualified for participation . Lim ited funding exists on an annual basis for partners to participate based on NFC grant maximums established for America and each of the fifty states . Each partner organization that succeeds in submitting a successful application and is approved by the NFC Grant Committee is eligible to receive a Grant Award which is deducted from the funds required for the NFC program from sponsors of the National Fitness Campaign . This funding is administered in the preferred method of receipt for each partner organization. Methods include a credit on final invoices for remaining funding, and direct grant disbursements provided by National Fitness Campaign . For more information, see: https:ljnationalfitnesscampaiqn.com/qrants 105 THE FITNESS C OURT Re g. No . 4,30 7,9 58 MITCH ~1Th"AG1;0 \I ITEO STAT[!; l'<lllVID U.\Ll 1740 Kl:/\R Y STREET Reg iste re d Ma r. 26, 2013 .-\N FRI\Nc1sco. ,·A <1.1 33 Int. C l.: 4 1 SE RVICF. MA RK l'IU NC IPAL REG ISTE R H)II : l 0R0\.1O1 (j ti l l I DOOR FACILrl 11 S FOR RECR1 Al10~ \CTI\.ITII.'. a\ ,11 BODY BUlLDl'\G . I CL\ 4 11 L .S. CL. .100. 10 ANll 107}. FIRST LIS I·. 0-0-1979: 11' C:0~1\IFRCE 0-0-fQ 7~ TH[ 1AR f.. CO'lSISTS or . r., 'D RD CHA.KA(' I ERS WITHUL'l L L,\IM TO Al\ Y l'AR- ·1 ICl/l,\R FONT. 'ffl"l F, ~IZE OR CU I OIi SL('.1<h S IR. ·o. 5-600.534 . Fll .F.O4-1?-W I ~. KIMB F.RLY FRYl . l·X,\ \1NI .GATTOR~~.V 106 COMPREHENS I VE PROGRAM ..... M Al N UMMARY ) • • • • ~ FITNESS COURT 21st Century Healthy Infrastructure National Fitness Campaig n's Fitness Court is the centerpiece to its holistic hea lth and well ness initiative. The Fitness Court is an outdoor bodyweight circuit training center with functional fitness DNA. The best-in-class system provides a fu ll -body workout to adults of all abi li ty levels. Wi t h 7 functional fitness zones, the Fitness Court can be used in thousands of ways. The Fitness Court is the world 's best outdoor gym! Strategic Planning Studies Strategic Planning & Feasibility Study, Site Design Co nsu lting Campaign Funding Support Sponsor Strategy, Best Practices, Nationa l Insta ll ation Team Support Fitness Court App Free digital App Delivering Programing, Workouts & Content Ambassador Training NFC Fitne ss Court Amba ss ador Training ACE Certified (America Council af Exercise) -FITNESscrcc SEASON ¥ Annual Fitness Season Spring/Summer/Fa ll national & local training, classes & c hallenges series 7 Minutes 7 Movements Launch & Public Relatio n s Featured Stories Highlighted through Pre ss and Loca l Media 107 Made & Manufactured in the USA Designed by NFC in California . High Quality Dual-layer powder-coating carbon steel Durable Materials Tamper-resistant, galvanized & stainless steel bolts and fittings. Best In Class Anti-graffiti laminate vinyl decals Support Wa ll __________ ,_____ Variable Footstrips ----------j Destabi li zed Push Ri ngs ------ Destabi li zed Pull Ri n gs------------------ (2) Push Ladders------------ (4) Pu ll Ladders ---------------- (6) Box Jumps --------~ -- Each Fitness Court~ includes an inte grat e d s po rt s floor m ad e from dura bl e 2 'x2 ' tiles which adhe re dire ctly to the concrete sl ab . Ava ilabl e in our standard NFC Blu e or Gray to match a ny custom d esign. Red ucer wi th T,te Top (Blu e Opti o n) Top (Grey Option) Bo ttom 108 2023 P OG AM SUMMARY: All items and services below are delivered to approved partners as part of the 2023 Campaign. !.!H~E!::!~!!!.LTi!...!!H~Y~IN.!!..!Fi!....!!RA=S~Ti~'R~U~C~T~U:=R=E~--------\~ t FITNESS COUR ~A,,~"' Fitness Courte Description: 32'x35' outdoor bodyweight circuit training system with the following components: Seven station circuit training system providing full-body workout modules Fitness Court body-weight training wall -32'W x 2'0 x 6' H with custom graphics Thirty pieces of body-weight fitness elements for sl multaneous use by 28 users at one time. Fitness Elements anchored and grouped within seven stations . Bolts. attachments and anchors required for installation Fitness Court Surface -Til e Surface Specifica t ions Outdoor Sports Floor Size: 1.024 SF (32 'x32') Color: NFC Blue Thickness: 1" Tiles ADA Border Included Fitness Court Spe c ifi cations: All structural components are made from high-grade carbon steel Structural components receive high-grade duel layer powder coating All cladding (skins) made from high-grade aluminum and powder coated Graphics and signage prtnted with an ti-graffiti over-lamination material Manufactured In the United States Resilient to heavy, repeated daily use Over 30 Individual pieces of equipment Powder-Coated Structural Components Galvanized fittings and bolts -Included Stainless steel cables Fu ll installation guide provided Warranty through NFC HEALTHY INFRASTRUCTURE DESIGN SERVICES Strategic Planning & Feasi bility Study City-wide impact analysis and master plan integration plan Site Design and Vlsibllity Analysis Custom Fitness Court Desi gn Services & Construction & Insta llation Support Warranty + Maintenance Made for all climates Almost no moving parts (only cables) Equipment Is anchor bolted Into concrete Replacement parts ava ilable through NFC No requirement for disassembly in winter Maintenance guide, including touch-up paint & necessary tooling included See Official Warranty for Full Coverage Detail Customized Fitness Court powder-coating and decal design -no two Fitness Courts are the same! stam ped and certified design plans, concrete slab drawings, and contractor management are provided by the NFC Activation Team . With all ready-to-build plans included, most installations require less than 90 days to complete from ground-breaking to launch. NFC National Installation Partner Access -EIS (contracted separately) GRANT FUNDING, CONSENSUS BUILDING, SPONSOR SUPPORT NFC Grant Funding Qualification Access to quallfy for NFC's Grant Funding th rough NFC's n ational partners to support seeding the program. Consensus Buildi ng Consulting • NFC has industry experts in project management. and from conception through execution, they will coll aborate on an average of 2 Intensive monthly p lanning ca ll s to drive success. Sponsor Strategy Consulting Support Up to 10 custom renderings provided by NFC Design Team to support outreach to local sponsors and partners. Up to 5 custom slid e presentations p rovided for in-person meetings and intern al stakeholder consensus-building. CAMPAIGN SERVICES FITNESS COURT APP The Fitness Court App Free mobile opp for iOS / Android teaches proper use. routines and chaflenges to all users Classes: schedule. run and track attendance using the Fitness Court App back-end sc heduling tool, providing llve class management through the OnSched platform. Treinlng and basic setup provided by NFC within 30 days of launch evenl Learn: video guides deliver workouts, and teach the basics for beginners on the Fitness Court. New content released quarterly, and updated by NFC National Training Team . Train : individua l audio guides. New content released quarterly, updated by NFC National Training Team. Challenge: competitive tra cki ng allows users to pa rt ici pate in timed, scored cha ll enges, with an option to submit their scores to a national Leaderboard. Acts as a regional and national event qualification tool. CERTIFIED AMBASSADOR TRAINING Programming and Training Tools Atness Court Ambassadors build and sus tain a heafthy culture around the Rtness Court ecosystem Learn: education modules provided by the NFC Trai ning Team are eligible for a range of Industry certifications, are offered both in- person and remote. and provide a range of class templates, coaching tips and more to qualified Ambassadors . Partnership includes program vouchers for up to 12 individual Ambassadors per Fitness Court. Individually eligible for up to 3 continuing education credits (C ECs), approved through the American Council on Exercise (ACE). Tra in : classes. cllnlcs and challenges become the bulldlng blocks of a Fitn ess Season, led by Ambassadors, that engage all ages and fitness levels. These guided workout options expand the user community and increase long-term usage and adoption. Share: continuous online and print storytelling, engagement and social connection further build out a healthy culture on each Fitness Court. Up to five local Ambassadors are eligible to attend an in-person regional training event of their choice in 2023. ·Regional training schedule provided May 2023 MEDIA, PRESS, & PROMOTIONS Promotion s and Marketing Package Media support and community engagement materials excite users and strength en program adoption Custom Grant Announcement Kit: promote the development of the program in your community with NFC support through traditional and social media channels -including a custom Press Release, site rendering, and outreach planning tools . Launch Event Promotions Toolkit: an no unce the launch of the Fitness Court on traditional media chann els w ith a separate customized press release. outreach support and uniquely branded assets for socia l media. NFC Website Feature Story: NFC-hosted custom storytelling showcases the partnership and program development in your community. Fitness Court Gear. minimum $750 credit towards the official NFC gear store -gear and gtveaways (provided In part by national Campaign sponsor. Badger Sporte, nurture Ambassador re lationships, honor stakeho lders and excite event attendees, to amplify launch activities. Opening Day Launch Support: NFC provides event management templates, guidance for launch event planning, end custom promotional materials (flyers. media assets). FITNESS SEASON 2023 Annual Activat ion Series: 2023 Fitness Season Bring the Latest Events & Programs to Your Fitness Cou~ this Year! Spring 2023 : 18 new workout routlnes & video tutorials introduced to the Fitness Court App, featuring pro trainer, Mark Lauren. Summer 2023: Classes and Clinics support ongoing programming for group exercise and app-based class Fall 2023: Challenge series builds competition & strengthens community. Marks th e success of year's activation program for all users. Healthy Infrastructure Awards: annual recognition program highlighting exceptional partners and leaders nationwide. winners receive custom awards , decals and press support to announce 109 FITNESS CAMPAIGN SAN FRANCISCO, USA NATIONALFITNESSCAMPAIGN .COM INFO@NFCHQ.COM (415) 702-4919 110 OU ICNNtlMIO 565382 olliillCMMi NUMl[III I NOT FOR CONSTRUCTION '""' FC 01 111 DESTABILIZED PUSHING RINGS f) STABILIZED FREEFDRM PUSHING BARS E) STABILIZED PULL-UP BAR 0 DESTABILIZED PULLING RINGS 0 DESTABILIZED LET ME IN HANDLE 0 ROWING f) DOTS 0 LADDERS 0 BENDING STATION $ LUNGE BOXES Cl) PL YOMETRIC I SQUAT BOXES CF) FOOTHOLDS STRIPS CE) MURALWALL ~ FLOORING (2 ' X 2' TILES OR POUR IN PLACE) 0 Body Weight Fitness NOT FOR CONSTRUCTION I ~ ~ ~ ~ I I d I ~ ~ DATf 06.30.17 DE tlCN HUMlt:11 565382 ""CMI Vl:NUMIEII mrr FC 02 112 T ,..,. r ...... 1 I ~ ~ ~ Gd) I ~ .. ~ y ~ ,_. .. f 1i1 i ,. ...... 1 1~ f--,,. ---j f--,.. ---j ~ Q:!:S d I ~ ~ DATf 06.30.17 DU IGNNUMIEII NOTE: Sponsor Recognition shown for reference only. For Custom Decals, additional fee applies. 565382 AII Cl4M NUMIH NFC FITNESS COURT SCHEMATIC ELEVATIONS I NOT FOR CONSTRUCTION '""' FC 03 113 WALL WITH ATTACHED WALL BRACKETS AND PULL CHAINS PUSH STATION QTY 2 PLYO BOX 1 PLYO BOX 2~-+---ft-__ _ PLYO BOX 3 (TAL LEST) PLYO BOX 5 PLYO BOX 6 (SHORTEST) THIS DOCUMENT IS PROPERTY OF NFC (THE NATIONAL ITTNESS CAMPAIGN). THIS DOCUMENT COIITAJNS CONAOENTIALAND PROPR IETARY INFORMATION AND MAY ONLY BE USED BY PERMISSlON FROM NFC AND FOR THE PURPOSES AUTHORIZED BY NFC. DISCLOSURE , DUPLICATION, MODIFICATION, OR OTHER USE OF THIS DOCUMENT IS NOT PERMITTED I\ITHOUT THE PRIOR l\ll/TTEN PERM ISSION OF NFC. EQUIPMENT AND FLOOR MARKING LAYOUT " ~ ~ ~ [E g ~ [E g PULL STATION RIGHT QTY 2 ~ PULL STATION LEFT QTY 2 STATION NAME TEXT ~ ~ QTY 7 STATION NA MES (FLOOR MARKING) LADDER PATTERN (FLOOR MAR KING) DOTS PATTERN QTY 2 (FLOOR MARKING) LUNGE STATION 1 QTY 2 I ~ ~ d LUNGE STATION 2 QTY 8 BEND STATION SHORT ; BEND STATION TALL @ c:=:::J ~ ~ OATIS 06.30.17 DESIGN MUMSEA 565382 ARC..VC NUMBER NOT FOR CONSTRUCTION SHEET FC 04 114 115 , p . ·ty .. .._.~) .. •:•:•:• :-~~ rl O rl ·\p Health •~-. , Ka"ii'sa's • •• COMMUNITY ••• Health Options ... BlueCross BlueShield or Alabama NATIONAL FITNESS CAMPAIGN BROUGHT TO YOU BY " Renown ~MY.e· HEALTH ... .... BlueCross BlueShield BlueCros BlueShield of Illinois of Texas ~ ~AN-M\Cf.EL BAS(i)\J\AT:. 2022 FEATURED ARTIST COLLECTION Quartz ucbealtb -- + (f. BlueCross . BlueShield •• Minnesota MASSACHUSETTS 116 117 40+ YEARS IN THE MAKING 118 119 CAMPAIGN OVERVIEW A COMPREHENSIVE COMMUNITY WELLNESS PROGRAM j DESIGN & l PLANNING l SPONSOR SUPPORT l GRANT FUNDING l INSTALLATION f LAUNCH & PRESS [ PUBLICART '--1 j AMBASSADOR l TRAINING l MOBILEAPP 120 -0 7 MOVEMENT FULL BODY WORKOUT CORE SQUAT LUNGE PULL AGILITY BEND 121 CORE SQUAT ~ FITNE S COURT® 7 MOVEMENT FULL BODY WORKOUTS PUSH LUNGE PULL FUNCTIONAL TRAINING SYSTEM THOUSANDS OF EXERCISES SCIENTIFICALLY DESIGNED AGILITY BEND 122 Q FITNESS COURT® ADULTS OF ALL AGES AND ABILITY 123 124 CAMPAIGN SERVICES PRE LAUNCH SUPPORT AMBASSADOR TRAINING MEDIA & PRESS LAUNCH! FREE WORKOUTS & GROUP CLASSES A wellness culture to engage people in healthy communities! TURN KEY DATA & IMPACT 125 FI TNESS COURT PUBLIC ART ATIO WID GALLER 126 ..ffl. Iii) BlueCross BlueShield T V, of Alabama FITNESS COURTS 2023 NFC State Sponsor Art Collection No Additional Funding Required Each Fitness Court® is a one-of-a-kind work of art. NFC DESIGN STUDIO Additional Funding Required : $10,000 LOCAL ARTIST Additional Funding Re $25,000 FEATURED ARTIST Additional Funding Required Available upon Request 127 CAMPAIGN OVERVIEW A COMPREHENSIVE COMMUNITY WELLNESS PROGRAM [ DESIGN & PLANNING l SPONSOR SUPPORT l GRANT FUNDING l lNSTALLATl~N . . LAUNCH & PRESS [ PUBLICART ----t ( AMBASSADOR l TRAINING [ MOBILEAPP 128 NFC 2023 NATIONWIDE STATUS 10,000+ Fitness Courts® coming to America by 2030 We are building the largest public private partnership in support of community wellness in America! OUR GOAL 0 0 BUILD A FREE OUTDOOR FITNESS COURTe WITHIN A 10 MINUTE BIKE RIDE OF EVERY AMERICAN t,;J .. nJ • Mrxico ,York 129 Ul1ic •f :.-.,,.,.IU1tt·~l1ic•hl or \luha111i1 Strategic Plan Adopted for Health Impact Across State • •• 0 $500,000 in Funding Now Available for Qualified Site Partners 130 2030 Alabama Health Impact Plan Q \ mnr~~:.l:~hlrl<I , ,• , Version 11 Adopted Oct 2022 ~~_,:•, • ••\""""• ~ 90 ' 0 ,, 0 ~ 0'6 , Q 0 0 " 0 9 O oo 0 Q I 110 9-Q ; 0 Grunt Funding Quelific tion key 0 Pno, ,ty 1 Sile Par1ne1 0 Pnvnty 2 Slt11 P.:11 lntH 0 Pn011\y 3 Site Partne, ~ CollE•ge Sit~ P;:.rtner ~ F:t1 stt ng Si1c-PortnP1 2030 Alabama State Health Impact Plan In coordination with a statewide analysis of pedestrian infrastructure. communities and open space. and a public hea lth needs assessment. NFC and BCBSAL have adopted a 2030 Partnership Master Plan to build healthy communities across the state of Alabama 200 Site partners coming to Alabama by 2030 Funding for first 50 site partners being distributed by 2025 Multi-year grant funding and partnership applications now available for all qualification tiers All municipalities and schools identified are now being encouraged to qualify their community for partnership and funding 131 N FC GRANT REQUIREMENTS 1 NFC GRANT PROGRAM Q ' SITE WITH IMPACT STEP2 $ FUNDING MATCH STEP3 (9 CAMPAIGN TIMING STEP4 132 WELLNESS AS A PRIORITY HEALTHY LIVING ~~t:HOL.o~ .. """' ;p\J\ ./ t ········ STEP 1 133 SITES WITH IMPACT Feasibility Study for Fitness Court® Locations Design & Planning Consulting ) • 't , L -· ' ( , I r Funding support for a network of Fitness Courts to encourage pedestrian movement across the community Walk , Bike , Run , Jog Site Plan Integration Pedestrian Movement Analysis 134 2023 CAMPAIGN FUNDING REQUIREMENT NFC PROGRAM FUNDING The Fitness Court® and National Campaign Services $155,000 NFC & Blue Cross Blue Shield of Alabama Grant Funding Award (Variable Grants Available) ($30,000-$50,000) Art & Custom Col o r Options NFC Standard Included CONCRETE SLAB NFC Design Studio $10,000 Can b e perform ed in-h ouse or in-kind Local Artist $25,000 NFC PROGRAM TOTAL NFC APPROVED INSTALLER NETWORK -INSTALLATION TEAM Turn Key Fitness Court A sse m b ly Art & Graph ic Inst all at io n In sta ll ation Partner (separate agreement) Fitness Court installation is o specialized Installation that requires expertise, prop er certifications, and proven field experience OPTIONAL $ 105,000-125,000 est.$ 0-20 ,000 $ 25 ,000 With Prevailing Wage Rates: $27,000 STEP 3 -• -.. ~ J ~ .... , .. _ ~~.,. BlueCrossBlueShield of Alabama 135 ALT ER N ATE FUNDING PATHWAYS Wonderful ·'· ~ ~ OSF HEAO>IC.W< ~ ..... POWERROE. im• l<AISER SSM .en Cl ~ .......,,.., !!.!.-"'1.2 ~,· ~ PERMANENTE . [l Cleveland Clinic I ~-Kiwanis ... )"" Wamart !.~n~ OVER 1 0 0 o •:!!::.e..7c ox SPONSORS NATIONWIDE FEDERAL AND STATE FUNDING Expert funding consulting for eligible partners W ~In D£vtl.OPM BLOCK GRANT STEP 3 LOCAL AND REGIONAL SPONSORS .. -,. ,. ., -. -~-.. -· _:_ _ _-, . -'\'tt .... -~T ~ACRA_MF"_l:O . -•....:....;,,t._ -__ ... .,. -~·_ .... _.,,~ ... , ~~ . ~---' .. . -~ '. .. LOWE'S' -~ cw::,,1·T·\'/O: . . ail CO)' ' C.u'' Pew~, -. ........ 136 137 ~ FITNESS COURT I STUDIO 138 Q FITNESS COURT I STUDIO World's first integrated outdoor gym experience with two programmable class rooms Over 2,000 square feet of wellness infrastructure Includes edge to edge art mural as studio classroom backdrop Compatible with existing Fitness Courts® and your Fitness Court® network --:~-~:;.:...__. ,.:_.,·:.:_' ·. '• .-: ; ADDITIONAL F:UNDING ,REQUIRED $35,000 **Limited.Fitness •CourtStudio® programs available in each state in 2023 CONCRETE SLAB ADDITION Can be performed in-house or in-kind est. $0-20 ,000 139 CAMPAIGN TIMING Campaign seeking qualified applicants able to meet the 2023 time frame for adoption and local funding match. STEP 4 140 PARTNERSHIP QUALIFICATION PROCESS AWARD PHASE LAUNCH PHASE 1 Feasibility Review 2 Evaluation Call 3 on-Binding Grant Application 4 Award of Grant Eligibility (First Come, First Served for Qualified Applicants) 5 Local Adoption by Governing Body 6 Develop and Confirm Funding Match 7 Shipment for Storage 8 Install Concrete Slab and Art Approval 9 Fitness Court Assembly 10 Press Launch Ceremony 141 DISCUSSION -Q&A E 1 0 ' SITE WITH IMPACT STEP 2 $ FUNDING MATCH STEP 3 (9 CAMPAIGN TIMING STEP 4 142 RESOLUTION N O. __ _ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of a New Replacement Roof for the Quail Creek Maintenance Barn from Roof Doctors with a not-to-exceed amount of $49 ,000.00. [2 ] Three (3) quotes were obtained for this procurement and Roof Doctors provided the lo west quote . ADOPTED ON THIS 11 TH DAY OF SEPTEMBER, 2023 Attest: Lisa A. Hanks , MMC City Clerk Jay Robinson , Council President 143 City of Fairhope Project Funding Request COF Project No . 2358 Issu ing Date ___ 8_/1_7_1_20_2_3 __ _ Please re turn this Rou1 ing Shee t to Treasurer by : ___ A_S~A~P __ Pro ject Name: Approve the Procurement of New Reolacement Roof for Quall Creek Maintenance Ba rn ProJect Location : Quall Creek Golf Course Presented to Crty Council : __ .c;.9;..c/1'-'1'-'12"-'0cc2cc3 __ Funding Request Sponso r: George Ladd, Ass istant Public Works Director Richard Johnson, Public Works Director Project Cash Requ irement Requested : Cost: $ 49 000.00 Not-to•Exceed Amount Vendor: Roof Doctor of Alabama (Vendor #248) Resolution # : Approved _____ _ Changed _____ _ ReJected _____ _ ProJeC1 Eng in eer: ~n~la~----------------------------------------- Order QQte . ----'n-"1-"a __ _ Lead Time : ___ n_la ________ _ Department Funding This Project General G Gas C Electnc D Wate Wastewater C Sanitation C Cap Proj ect C:: Impact C Gas Tax C Adnun-10 Fleet-46 Department ot General Fund Providing the Fu 11d1ng C Bdg -13 C Go/f-50 !Z Exp ensed Cap,ta irzed 1, .1,;entone o Police-15 C Fire-20 C Golf Grounds-55 0 Museum-27 C ___ xx=x'-'---L·. _______ c _______ c Expens& Code 001500--50360 GIL Acct Name · GEmernl Maintenance ECD-24 C Rec-25 C Crvrc-26 C Mauna-34 C Street-35 C Meter-19 NonDeotFac-75 0 Debt Sorv,r.e-85 C Pla"'lone-12 [. Ad ult Rec-30 0 Funding Source Operating Expenses XXX IZ Budgeted Capital ---'-"-"-'---□ Unfun ded L ______ Federal • not to e.xceed amount ______ State ______ City Loca l ------P101ect Buaget!!<1 : _$ ___ 4_9~,000.00 (DRAFT FY2 4 Budget) Ba lance Sheet ltern- ;ncludeo ,n proJect&d cash fiow _______ _ Bond : _____ _ ------ Fed Grant C IT-16 C Year Over (Under) budget amount·~$ ______ _ Loan : ------ Title Title _______ Year Thill re 1uest Is to :>pprove the procurement of new rep la cement ro cf for the Quail C,-.ek Mainh:u 11nce Baro in Ille not-to-e•ceed amount of .i49,000.00. This ,tun is incluoed in the DRAFT FY24 Golt Dudget. I I I I Capital Lease :______ Payment _______ Term J ._ ____ _. _______________________________ ..._ _________________________________ _ r 1 City Co"n.:11 Prior Approval/Date? !i!A._ ____ _ Senior Ac ~ountant Cit Treasurer --------------------------~· Mayor Purchas ing Merno Date : __ 81 17/2 02 3 P"rchasin g Memo Date : ___ 8~1~1~71=2=02=.3~ 144 of fAIH9. ~ u rn dl.AaA'm~ 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 : From : Date : Re : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer Erin Wolfe , Purchasing Manager August 17 , 2023 Green Sheet and City Council Approval of Procurement of New Replacement Roof for the Quail Creek Maintenance Barn The Assistant Director of Public Works , George Ladd , is requesting procurement of a new replacement roof for the Quail Creek Maintenance Barn. Three (3) quotes were obtained for this procurement and Roof Doctors provided the lowest quote of Forty-Nine Thousand Dollars ($49 ,000 .00). 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 for a new replacement roof for the Quail Creek Maintenance Barn for $49,000.00. CC file , Georg e Ladd , Richard Johnson , Clint Steadham 145 ROOF DOCTORS 805 River Route • Magnolia Springs , Alabama 36555 • (251) 233-8682 • (251) 943-8682 • Residential & Commercial Roofing PROPOSAL SUBMITTED TO PHONE ~~TE ~itv of F;iirhone /11/2023 STREET JOB NAME ~nlf M;ii,•--;;;,,..,,. R11ilrlinn CITY, STATE AND ZIP CODE JOB LOCATION - ARCHITECT I DATE OF Pl.ANS I JOB PHONE We hereby submit specifications and estimates for. Remove existing metal & skylights Repair damaged insulation Install 26 gauge R-panel (Galvalume) Install continuous ridge vent on entire building Clean & haul away all job related materials Includes 25 year material warranty .Includes 2 year workmanship warranty C -· • - il!'tlt ~t0p09't hereby to furnish material and labor, complete in accordance with above specifications, for MAKE CHECKS PIAYABLE TO ROOF OOCTOR OF ALABAMA, INC . . the sum of: dollars($ ~9.QQQ,QQ ). Payment to be made as follows : Upon Completion All payments are expected to be made no later than 1 O days after invoice. Patment options are check or credit cards . --..... All material is guaranteed lo be as specified. All wdl1< Is to be completed In a wor1<manlike manner according II) standard praclices. Any l!i1enltlon or deviation from above speclflcatlons ln\'Olvlng extm cosls wDI be executed only upon written Authorized (': ordef'S , and will become an extra charge over and above the estimate. All Signature / 4-d-<'&41-b~ agreements contingent upon strikes, accidenls or delay:5 beyond 0<1r control . Owner to carry fire, tomado and other necessary lnsurana,. our wOll<era are fully Note: This proposal may be withdrawn by us covered by Workman's Compensation Insurance. tf not accepted within days. ~ceptante of t}ropo.sal -The above prices, specilcdons and ccnditions,are setwfaclory and are hereby a<:<:apted . You are 1u1honzed Signature to do the w0<1< as specified, Payment..,,, be made as oulllned aboYe . Date of Acceptance Signature OUJX PFIINTING, PENSACOLA , FL 146 Name: George Ladd CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Date: 8/17/23 Department: _Pu_b_l_ic_W_or_ks _________________ _ EKpenditure 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 R~gulr~ 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 R~guired Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Bmn!l[td Resolution N/A N/A Regulre_d N/A N/A 11-u1red Bmalilred •Budgeted items that meet or ore under budget may be purchased with the Mayor and/or Treasurer's approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. ,.~~nd~ Threshold!~ a combined total a/ lobar anj'J inat!rials; l~di.t~/ng m~~rlc,ls ~llfded by the Oty. If the total OnJ~i.lt.ls wlihln7$!:&<()()() of kfie llste~J!!reshold,-RgJChaslng/Treas!,lreJ may require a_fg_rmal f?ld ·d11e ·to pg_te_ntlof '!Ylferlt11$ cost lhcrepses. Vendor Name 1. Roof Doctor 2. Finishing Solutions 3. F&H General Contracting QUOTES $ 49,000.00 $ 61,000.00 $ 53,000:00 Check any applicable boxes: 0 State Contract □ ALDOT □ Purchasing Group 0 Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION Vendor Quote 1. What item or service do you need to purchase? New Replacement roof for the Quail Creek Maintenance Barn 2. What is the total cost of the item or service? $49,000.00 3. How many do you need? One 4. Item or Service Is: D New □ Used IZI Replacement □ Annual Request 5. Vendor Name (Lowest Quote): Roof Doctor 6. Vendor Number: 248 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.qov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? □ Yes IZI No □ Emergency Request 2. If budgeted, what is the budgeted amount? Cli c k or tap here to enter text. 3. Budget code: 001550-50360 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAl.gov and Rhonda.Cunninqham@FairhopeAl.gov. PUR-Q04 • 082522 147 ~/ Finishing Solutions, LLc. August 17, 2023 City of Fairhope Golf Maintenance Build i ngs CaMME: .. c -1.At-& INDµil·TAi.-..L RDDF"INO orange beach roofs .com roofbama.com Commercial Roofing GC License # 48603 Master Elite DURO-LAST Installers 1001 Morgan Park Drive Pelham, AL 13555 Sandy Key Drive Pensacola, FL {205)733-1702 The following price is to prepare for and repair your roof . Our quote consists of the following : A. Scope of Work for metal 1. Pull permits from City of Fa irhope 2. Contractor shall prepare the ex isting roofing system for the 26 ga «ie R panel .Color totle galvalume 3. Remove existing metal and underlayment and dispose offsite 4. Inspect and repair Insulation where needed . 5. Renal! decking to br i ng to cu rrent code . 6. Install 26 Gauge R -Pane l 7. Install drip edge around perimeter ofbulld lng 8. Clean up all debris . Issuance of 30 year Clear Acrylic Gavalume Plus with 2 year labor warranty Our total price, Including all Labor, Equipment, Material, and Supervision, ii;: Golf Cart Building Total Cost= $32,000.00 Golf Mainlenance Building Total Cost c-$61,000.00 This price is based on'.the following: • Any HVAC work will be owners responsibility • Damaged wood nailers will be replaced at $6.00 per ft of 2x6 • • 148 ~~ fMla:RllL ,OONfMS ·--------~ . . ( ide & 14629 t.ontview Or l.t)lllty Al BEiSS1 · (~1) 151-0!!67 • 25)) 979,3091 , Rti' nllal ComtntitlJI llooOntl ~POSAtweM1mn 10· ta<llaGt 1w.n, Otyol~" C.Q/9' La<ld . llU/2024 )obluunt: Phone : ~"~"u a~ 2r;i-nHOOJ JcibAddrau : E.'111•11 : J.lldiopt. AL 3'632 g«>r"Qt .laddf(e\'1h0pelll.o.ov We hnby submit speclncatloN and estimates for: ·B:a11111 au aaiv111i1m1.H" i:m,r,at; Recnow illr1st1na "oof. Rernow, tdstln( Ck'(filhti. . ~-ifnd rep!~ diln\llU;d lnsuliJlpl\ lnsµil liip ",panol !ill.Ith 36• wver1se Install lllde&·~ ~ d ·Jol).relfted det)rls . 1·Vt!l r'WOrlcmonsb1p w1mintv 2S Ytar G.itvilvme Ml~r1111 W1rrarity We Propose fforeby 10 lurnlsh material nnd labor, coffll)ll!ti! In accordance with above q>eclftcatlons , fo r MAii:~ t'Jif.a(SJAVAJI U ro f& \j GaitAAl!roH'fMCTlNG I.LC The sum of: Flfrt ln!!:!t !bQ!lScg g2Jl1ri .(S 53;000 l Pa'{l'Ml\t lo be made u follow,: ~ .... 'uitll.(Mt6t ~bf,_,, 'fhl>.'iiinsflllM<l lt .•ti"' .. , ... ,.,_ •-""•}1>tln11 .. . . Al Mllfllai lf..,_,,_lffd10 be,,~. M.""lf\'.1~10 be~-In• Woniwtl6 llllflM".~ Ulltandri.flrlC!liof ~ lllel'ltlonr or clf\11111.tOII &om vie ----~~f\tfftrUIIIUwffl llo IMWll'd~ ~ ~oiiffl ancl ~I blllO!'M '" • • .... dl•p-111W -II>• it~•-Ahp-ms ~lfflt 11pon st,.•. ~ts. or,lel;,yl II~ Ol6 Cllf'!tol . 0..'M!' lo Cllrty Ire, tllmadci;or other nKenarv INur-.t, ~ldSl&f.WII\IN! Natr. t1li$ propoul INVkWllluh;,n by u, ,r 1Jot a.........il Mltiln "- Acceptance of Proposal • 1"4! lbM p11cn Ho11!\catl0111-111d condluoN"' •Df•~•nd •~-henlbr ~ Yo11 •• e1.1thonztd 1odothtwcitk.~lfwd, P8'jfflt11tli,tlf bt'fflld• as GU!llnlll--. ~ $!&1111Cvr~l ~il(J: ti!!Dff~ !!QM~ CERTiF!;;!!I; . fOY,r~~-a~•~,£'6~,mr fORllflfOlloof(fon-.ftJORTlfltDl«orl1 ♦lbtlpJhoma1Mtt•r'i/f\~ ... ~,-·TJ',e. C!OIC dlff~.fotJOJl~d WUR!lffbf•fllnl1heroofc,r,n:!lr~..,.ffout lla.edon~ofteW•.~. ff!IIT\itl!S ,-..~n$700 and F.QRTiflm•lloof'pruteas aplllst l!llnd o111d.wlnd:,drlw:n !Win bVJ $1,?(lC{T,l'iis ~"" con~1"' • lllljt,'OllinC ,OO fthNo,i,,t lll~i ~.'t,i~Mlultol' rtiiu~·or, 111th ' ~~lrlJasalWl'_OOf dtt\ ~tt;whldl typl~rinccs • ... dlid!II ,i.-Df ffliliYtrit ~ftl\ll'tySMm ltliur~ (ll!!>f venu .,,cl,_,. f'!WIWlll'lt!lts) .b!l\wfft' $!00 ind$800 . to~~ li1quesw1 t1i-c1.1~am.er•..-./~ IIY"~whal..st1ndard CuffiMntUIJl)atll.rt: . -l)j1t; 149 RESOLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of FMLA (Family Medical Leave Act) Administration Services for the Human Resources Department from American United Life Insurance Company with a not-to-exceed annual amount of $15 ,6 46.20; and authorizes Mayor Sullivan to execute the agreement. ADOPTED ON THIS 11 TH DAY OF SEPTEMBER, 2023 ATTEST: Lisa A. Hanks , MMC Assistant City Clerk Jay Robinson , Council President 150 Issuing Date ---"-8'"'/3'"'1~/2~0~2~3 __ City of Fa irhope Project Funding Request Proiect Name : A rove the Procurement of FMLA Famll Medical Leave Act Administration Services Project Location : Human Resources Presented to City Council : ___ 9_/1_1_/2_0_2_3 __ Funding Request Sponsor; ..:K..::ic::mc:..c:C:.:.r::cee::cc::;h"'--T-"rc.:ec:ac:sc:u:.:.r::ce:...r ______________________ _ ProJect Cash ReQuirement Requested: Cost: $ 151646.20 Annually (not.to-exceed amount) Vendor: American United Life Insurance Company (Vendor #6421) COF Project No . Please return this Routing Sheet Resolution # . Ap proved _____ _ Cha nged _____ _ Rejected _____ _ Project Engineer: ..cn.c./.cca ___________________________________________ _ Order Date: --------n/a Lead Time . ___ nc./a _________ _ Department Funding This Project 2364 ASAP General 0 Gas C Electric D WateD Wastewater C Sanitation C Cap Proiect C Impact C Gas Tax C Fed Grant Admrn-10 Fleet-46 Department of General Fund Providing the Fund ing C Bldg-13 Go~-50 C Pohce-15 C Firo-20 C Golf Grounds-55 D Museum -27 D Project will be Expensed Caprt ahzed Inventoried ____ x_x_x ____ :2 ________ c _______ c Expense Code : 001170-50290 Gil Acct Name: Professional Services ECD -24 C Rec-25 C Civic-26 C Manna-34 = Street-35 C Meter-19 C Plan/Zone-12 L Adul t Rec-30 0 NonDeptFa c-75 D Debt Service-BS C Funding Source Operating Expenses ---'-Xe.Xe.Xe...... __ ~ Budgeted Capital _____ _ Unfunded L _______ Federal -not to exceed amount ______ State ______ City ______ Loca l Proiect Bu~geted $ Balanca Sheet Item- 15,646.20 (Item included in DRAFT FY24 Budget) included rn proiected cash flow --------Bond . _____ _ -------Year Ov er (Under) budget amount:~$ ______ _ Loan : ______ _ Title Title _ ______ Year Approve the procurement of FMLA (Family Medical Leave Act) Administration services from American Unitlld Life Insurance Company for the C ity in the not-to-exctted annual amount of $15,6•6 . .20 . Cost is lncludtiJ in DRAFT FY24 Budget for Human Resources Professional Services. Authorize Mayor to execute agreement. City Cciuncil Prior Appr oval/Date? _______ _ Senior Accountant City Treasurer Capi tal Lea se: ______ _ Purchasing Memo Date · --~8/~3~1~/2=0~2~3 __ Purchasing Memo Dat e: --~8~/~3~1/~20=2=3~-- Payment _______ Term IT-16 C:/ HR-18 151 of fAino. .-0 (.J '{!\ dt,ABA~~ 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 : Suzanne Doughty, Senior Accountant Kimberly Creech, Treasurer From : Er in Wolfe , Purchasing Manager Date : August 31 , 2023 Re : Green Sheet and City Council Approval of Procurement of FMLA Leave Administration Services The City Treasurer , Kim Creech , is requesting procurement of FMLA Leave Administration Services . A quote was received from American United Life insurance Company , who provides the City 's Life Insurance and Disability Insurance , and therefore are familiar with the City . Americar:i United Life Insurance Company 's FMLA Leave Administration program , FMLASource®, provides the following : • Leave Management Services (Federal FMLA, USERRA, State Leave ) • ADA Leave Administration • Optional Non-FMLA (Personal Leave) $1 .75 per employee per month $1.12 per employee per month $0.06 per employee per month The total cost per employee per month is Two Dollars and Nine-Three Cents ($2.93), or Fifteen Thousand Six Hundred Forty-Six Dollars and Twenty Cents per year for 445 employees. This professional service is exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51 (a)(3) Contracts for which competitive bidding not required , which states : "Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part." NOTES: See Attached Vendor Proposal for Deta ils. Please compose a Green Sheet and place on the next available City Council Agenda this request to approve this procurement of FMLA Leave Administrative Services for $15,656.20 per year. CC file , Kim Creech , Clint Steadham 152 FMLASource Proposal for City of Fairhope 153 Contac t Information SUBMITTED BY : FMLASource® NBC Tower 455 North Cityfront Plaza Drive Chicago , IL 60611 312-595-4000 www . comps ych . com FMLASource® Copyright © 2023 ComPsych®. A ll rights reserved . This document is the confidential and proprietary information of ComPsych Corporation. None of the information set forth herein may be reproduced or distributed in any form or by any means without the prior written permission of ComPsych Corporation . 154 Proposal for City of Fairhope How Will FMLASource® Leave Administration Services Benefit City of Fairhope? The Family and Medical Leave Act (FMLA) was introduced more than 20 years ago and yet intermittent FMLA leave is still consistently identified as one of the leading points of frustration and confusion for Human Resources due to difficulties in tracking, extensive paperwork requirements and covering for unanticipated staff absences . In today's world of ever-changing leave legislation , it can be difficult to stay current and maintain consistent policies and practices for employee leaves . In addition to FMLA and the Uniformed Services Employment and Reemployment Rights Act (USERRA)-a federal law that establishes rights and responsibilities for uniformed service members- employers must comply with state leave laws as well as amendments to the Americans with Disab ilities Act (ADA) regarding leave of absence allowance). In fact , at any given time , there are over 100 bills related to leave currently pending in various state legislatures . Employers also face internal pressures to minimize employee absenteeism and maximize performance and productivity while tracking and managing many types of employee absence . Since 2000 , FMLASource has been providing expert employee leave administration services . We know that most HR and benefits departments face most, if not all , of the following challenges : • Leaves that are complex changing in scope , confusing to employees , and burdensome for HR professionals , payroll administrators , and front line managers • Increases in abuse which negatively impact workplace morale and result in reduced productivity Ever changing and complicated federal and state related leave laws which continue to change and grow in complexity • Management of concurrent leave and disability or workers compensation claims , which can be confusing and difficult to coordinate ., An ADA absence related to leave accommodation continues to put organizations at increased risk FM LA Source'> SYGMA Network When it came to FMLA , we recognized that it wasn 't being managed well. Our compa ny has multiple sites in 12 states . Everyone was doing their own thing and we 'd had issues with lawsuits due in part to inconsistency. We chose FMLA So urce because of the thorough traini ng program and ongoing support. The FMLASource team has been very responsive --any of our HR managers can ca ll them directly and get th e attention they need. We've had nothing but positive comments on the support provided. FML ASo urce is administered by attorneys and le gal experts and has definite ly helped lessen the burden on HR managers in the field. We know we 're making good decis io ns now -we have confidence we are making the right determinations for both employees and for the company from a fina ncial perspective , and we hav e the pa perwork to back up tha t we've followed the law . That gives us peace of mind . Pat Eberly, Senior HR Manager Our singular focus is helping employers solve these issues . Namely, we help our customers in three key areas : Compliance . We provide legal expertise in order to ensure ongoing compliance. Our on-staff legal experts are involved in all areas of our process from training, to policy review and consultation during the implementation, to keeping current with legal and regulatory updates at the federal and state levels . We believe these components are critical to a successful partnership and guide our approach from a consultative implementation through intuitive , ongoing leave management administration services . • Ease of administration . We ensure that employees are guided proactively through the process , unnecessary work for managers is eliminated , and HR leaders are empowered to oversee and manage the program without getting bogged down in the details. We facilitate a seamless experience throughout the process for employees , managers and HR , including when a disability or workers compensation claim runs concurrently (for all or part of the leave). Reducing the cost of unplanned absence. We go to great lengths during program implementation to understand FMLASource® Proposal for City of Fairhope (6/2 3/2023) 2 Copyright 2023 ComPsych®. All rights reserved . Thi s document is the confidenti al and pro prietary inform at ion of ComPsych Corporation . 155 Proposal for City of Fairhope FMLASourcef) the company 's culture and prefe rences for managing interm ittent leave abuse and then c ollaboratively work to reduce the identified areas of abuse. Our proprietary process helps significantly reduce t he potential abuse of in te rmi tte nt lea ves . F MLASource® Pro po sal for City of Fairhope (6/23/2023) 3 Co pyright 2023 ComPsych®. All rights reserved . This document is the confi dential and proprietary information of ComPsych Corporation . 156 Proposal for City of Fairhope FMLASourcee Value of Leave Management Services Compliance One of the greatest benefits of lea ve management outsourcing is know ing that all state and fede ral family leave laws are monitored and maintained in strict compl iance with all applicable regulations and policies . We p rovi de both consultative and adm inistrative support to help employers and employees understand the intricacies of ho w leave regulations apply to the ir spec ifi c situation . Unde r t he guidance of ou r organizat ional leaders , two of whom a re attorneys wi th ext ensive healthcare and employment law backgrounds , our legal experts continually monitor and analyze guidance from the Department of Labor (DOL), state enforcement agencies and legislative bodies regarding changes to existing laws , as well as the introduction of new laws . To ensu re City of Fairhope 's comp li ance , during implementation our team learns about its current leave policies and ident ifies potential ris k ex posure . Then , w e will suggest revisions in keeping with regulatory c hanges and polic y updates to ensure exi sting policies are sound . Th is ensures that regulations and policies can be legally , fairl y and consistently applied . Our legal experts are also available to consult on comple x cases , draw i ng on the ir deep und e rs tand ing of the regulatory environment , legal actions and changes in federal and state statutes , regulations , administrat ive opinions and important court cases. Our team encourages consultation before taking any employment or disciplinary action as a result of a leave related issue . We proacti vely inform customers of regulatory changes to FMLA gu idelines within one wee k of t he change , via email , a phone call f rom the designated account manager or , in some cases , a live webinar delivered b y a member of ou r compliance team . For example , FMLASource issued a bulletin to customers less than 24 hours after the U.S. Department of Labor on June 23 , 20 14 issued a proposed rule to rev ise the definition of spouse under the Act to include all legal same-sex (and common law) marriages regardless of where the employee lives . We recently del ivered webinar sessions on the Equal Employment Opportunity Commission 's Guidance on Pregnancy and the ADA, as well as an update on the increasingly complex regulatory relat ionship between FMLA and ADA. Account managers also continuously provide proactive and continual guidance regarding changes to the law , while also embedd ing all relevant guidance into our processes , and serving as a conduit to the compliance team 's expertise when appropriate . To prepare you to engage in the individual ized , interactive process required by the ADA, our ADA coach will guide you through all relevant ADA standards and considerations (e .g . ident ify ing essential versus marg inal functions , reasonable accommodations versus undue hards hi ps , etc.), providing insight on d ifferent subjective standards within the law, includ ing EEOC and other guidance. Ease of Administration As soon as an STD or FMLA issue arises , HR managers , superviso rs and employees can contact us to confirm FMLA el igib ility or to learn about the rights of qual ified employees . Our intake specialists will also complete the STD intake process for employees w ith STD issues . Frequently asked quest ions include the following : Employee Does my condition qualify fo r FMLA? FML AS ource ® Pro posal for City of F airhope (6/23/2 023) Co pyright 2023 Com Psych®. A ll righ ts reserved . This doc um ent is the confid entia l and proprieta ry information of ComPsych Corpo ration . 4 157 Proposal for City of Fairhope FM LA Source • Will I be covered under STD? How much FMLA time do I have avai lab le? Do FMLA leaves need to be taken in one block of time? • Will I be paid while I'm on leave under STD or wi ll the leave be unpaid under FMLA? Will I retain my benefits while on leave? Employer • Do I need to request a leave for this employee? • Does the employee have the right to ... ? Is the emp loyee covered for STD? • What will the duration of their disability be? • What do I do with the employee when he or she returns to work? Our intake specialists are trained to listen actively , guiding employees to other programs and resources offered by their employer. For example , for an employee on leave because of a pregnancy, our specialists would help her access EAP Work-Life services . Our approach to leave administration is to ensure that our processes align with our goal of creating administrative ease for our customers and their employees . We deliver a comprehensive solut ion for tracking FMLA , state-specific family leaves , jury/witness duty, ADA , and other optional leave tracki ng (i .e ., personal , genera l medica l , bereavement , other company- specific leaves of absence , etc .). Our leave specialists manage cases from start to finish by: • Offering multiple channels (phone , web , fax , mail) to submit a leave request Conducting FMLA and disability intake simultaneous ly upon leave request Providing expert consultation at the time of the leave request and throughout the leave duration Explaining customer-specific policies to emp loyees in an easy to understand , conversational manner Determining eligibility and entitlement for all appropriate leaves including , reasonable accommodations for ADA cases Sending clear and compliant notifications to emp loyees about their rights and responsibilities , and describing next steps Reviewing all medical certifications in compliance with the federal and state laws and contacting health care providers for additional information , as needed • Tracking FMLA , jury/witness duty , and ADA leaves and other City of Fairhope absences • Providing reminders at key points alo ng the process to keep employees on track and providing a "safety net" to avoid missed deadlines and confirm or adjust return-to-work dates , as appropriate • Coordinating with disability and workers ' compensation vendor when appropriate • Introducing appropriate EAP and work-life services (if appl ic able) Determining when a leave may be covered by the ADA and facilitating the employer's case-by-case ADA analysis Easy Access for Employees Apply ing for and complying with leave policy requirements can be confusing and challenging for employees . Being off work is a stressful time for employees , who are then asked to adhere to a complex and time-sensitive process , or risk having their leave request denied. Without clear and regu lar guidance , this can create a negative experience for employees and a compliance risk for employers , given the subjectivity inherent in the FMLA and ADA. FMLASo urce ® Proposal for City of Fairhope (6/23/2023) Copyright 2023 ComPsyche. All rights reserved . This document is the confidential and proprietary information of ComPsych Corporation . 5 158 Proposal for City of Fairhope To help alleviate this stress and confusion , employees can access our leave and disability intake specialists via a toll-free phone number or the web to open their leave , get answers to their questions , or check claim status . They can also use our 24-hour interactive voice response telephone system, the website, or our mobile app to open a leave , report time and check claim status on their smart phone. Once a leave request is opened in our system , we incorporate up to 20 contact points to make sure that the employee understands what they need to know, what they need to do, and when they need to do it. By analyzing call trends and volume , we identify the specific points in the process that typically cause uncertainty or anxiety for employees and put in place a system of notifications to keep them informed at each step . Further, FMLASource® Proactive Approach Streamlines Process For the few fo rm s that are returned insu ff ic ient or incomplete, our outreach process reso lves nearly a ll of the deficiencies resulting in denials less than 1 percent of the time due to incomplete paperwork. we communicate by the employee's preferred method (e-mail, phone , hard copy mail , or a comb ination). Lastly , we created employee-friendly , Department of Labor (DOL)-compliant forms and letters . Our easy-to-use forms have led to a reduction of insufficient and/or incomplete medical certifications from 25 percent (using the DOL form) down to only seven percent. For the few forms that are returned insufficient or incomplete , our outreach process resolves nearly all of the deficiencies resulting in denials due to incomplete forms to less than one percent. Similarly , our return to work process includes three touch points with employees before their scheduled return date to ensure a smooth transition back to work . Easy Access for Employers While it may seem straightforward to interpret who qualifies for leave , whether state or federal FMLA or other related leave types , most managers and supervisors find it complex and confusing. In most cases , the burden is on them to interpret whether an employee's situation qualifies for a protected leave . Further, managers and supervisors must be able to demonstrate fair and equal treatment of all employees. FMLASource handles the determination of eligibility and administration of leave requests, by working as an extension of City of Fairhope 's HR team , maintaining compliance and keeping designated HR and managers informed throughout the process. In addition to being copied on all letters exchanged with employees and receiving daily status updates , HR and line managers have online access to employee information , 24 hours a day , seven days a week via www.FMLASource .com . With an easy-to-navigate dashboard , FMLASource.com provides a convenient way for designated HR staff to work on behalf of employees to enter time and update information, download blank medical certification forms , access letters and related attachments , check usage , report return-to-work dates and generate custom reports. They can also access and view certain information via the mobile app. Determining Eligibility and Communicating Rights When an employee contacts us to open a leave request , the leave specialist will determine the employee 's eligibility using the eligibility download provided by City of Fairhope to determine the employee's length of service and number of hours worked . Intake will include a disability intake for cases involving the employees own serious health condition . The leave specialist will then review : • Employee 's reason for requesting the leave (qualifying event) • Type of leave requested (FMLA continuous , reduced schedule or intermittent ; jury/witness duty , military, bereavement or other company leave) • Ant icipated leave dates while verifying key contact information and confirming preferred method(s) of ongoing communication . FMLA So urce® Proposal for City of Fairhope (6/23/2023) Copy right 2023 Com Psych®. A ll rights re served . T hi s doc ument is th e confidenti al an d p roprietary information of Com Psych C orporation . 6 159 Proposal for City of Fairhope FMLASource® During the initial conversation , the leave specialist will also educate the employee on the overall process , answer questions , and describe next steps . Within Two Business Days : The leave specialist will send out a w ritten leave packet which includes a not ification of the employee 's rights or specific policy provis ion(s) outlining the deta ils relevant to the leave even t , and confirm key informat ion (e.g. leave type , eligibility status , medical certification due dates). The packet is mailed or emailed , or both , depend ing upon the employee 's preference. With employee autho ri zation in place , the special ist will also fa x the med ical certifica ti on to the healthcare provider (if applicable ) and notify Cit y of Fairhope of the employee 's claim . Within 15 Calendar Days : Depending on C ity of Fairhope 's prog ram design , employees may be required to provide a completed medical certification form within 15 ca lendar days . The health care provider must state a reason for the leave and the start and end dates for the proposed leave for us to certify the leave. Medical certification for FMLA and disability are performed jointly. Employees receive a notification two days before the due date if the medical certification has no t been received or if the health care provider's information is not available for direct outreach . Employees are notified when the completed form is received . Afte r ou r leave specialist receives the medical certification from t he health care provider , he or she will review it for accuracy and comp leteness . Leave specialists will proactively call the treating physician for clarification if the form is incomplete or incorrect and wi ll work to reso lve any issues associated with the medical certification paperwork . Once the medical certification is complete , the leave specialist w ill notify the employee in writing of the exact dates during which they will be protected . Our leave specialists are trained to determine if the qualifying event meets federal and/or state criteria as well as employer-specific policies . They will work closely with the employee , City of Fairhope and the health care provider to ensure that all necessary documentation is complete , accurate and clear to the employee and City of Fairhope . When required , leave specialists will communicate a denia l in writing to the employee-including the reason for the denial and a Frequent ly Asked Questions (FAQ) docume nt that exp lains possible reasons for the denial. The FAQ offers suggestions for following up with their health care provider , employer, etc . All co rrespondence is provided to designated HR contacts and will include all data on FML and disability. The leave spec ialist w ill also not ify HR if the employee 's leave qualifies for ADA review. For jury/w itness duty , a court summons may be required to verify the approved absence . For employer-specific military leave and other types of leaves , spec ific documentation , such as m ilitary orders or similar med ical certification , may be required to comply w ith City of Fairhope 's policies . During Leave : Throughout each leave , our leave specialists review and compare time approved and/or frequency with the initial certification . They also monitor for leave exhaustion and notify employees as they near the end of their leave . The leave spec ial ist will also notify HR contacts if the exhausted or extended leave qualifies for ADA review. Employees and City of Fairhope 's designated HR contacts can adjust return to work dates and other information online , via mobile app or by telephone . Employer reporting allows des ignated HR contacts to view the status and anticipated durat ions for all employees on leave . During employee leave , designated HR contacts will cont i nue to update emplo yee pay and benefits , rev iew weekly status , FMLA Source., Propo sal for City of Fairhope (6/23/2023) 7 Copyrig ht 2023 Com Ps yc h.,_ A ll rights reserved . This do cument is the confid ential and prop riet ary in for mation of ComPsych Corporat ion . 160 Proposal for City of Fairhope utilization and return to work reports and provide time and/or status updates , as needed . 14 Days Pri o r to Return to Work : We provide proactive , instant communication to employees via reminders before their leave ends ; employers get updates in advance , in order to properly plan for the employee 's return . Since leave dates often change , we make it easy for employees to adjust their end date as well as confirm their intended return date by way of email, website , mobile app , or telephone. Employers like City of Fairhope can easily track return to work dates with a FMLASource® Return on Investment FMLASource no t on ly eases the burden on HR by eliminating a number of stressfu l, time- consuming tasks , but red uces leave re lated absences and minimizes legal risk , resu lting in a significant return on investment. customized weekly return to work report . The report is pushed out to designated HR contacts and includes the status of all leaves ending within the following four weeks , including the confirmation status received by the employee . The return to work process includes the following steps : • At time of leave approval : The employee receives a decision packet with leave dates , instructions , and any forms (return to work forms , fitness for duty forms) needed prior to their return to work . Four weeks before the employee 's return to work date : The employer receives return to work reporting that shows all employees who are within four weeks of their planned return to work date and all employees who have less t han two weeks left , along with their return to work confirmation status . • Two weeks before the employee 's return to work date : The employee receives a reminder email and instructions about their return to work process and replies with their status . • One week and one day before the employee 's return to work date : If the employee has not replied to their outreach reminders, we will make additional outreach efforts. The employer's reporting will indicate who has extended their leave , confirmed their return , or has not followed up. • Back at work : The employee is back at work and the employer is prepared and ready for their smooth return. We will work with City of Fairhope during program implementation to clearly outline and customize existing return-to-work protocols . Reducing the Cost of Unplanned Absences While it is critical for our services to provide a seamless and easy process for employees, we also understand that unplanned intermittent use (and abuse) is one of the most frustrating issues for employers regarding leaves of absence. We will work closely with City of Fairhope during program implementation to understand the company's culture , preferences for managing intermittent leave abuse , and identify the best way to collaboratively reduce the identified areas of abuse . The account manager assigned to City of Fairhope's account will regularly review and analyze reporting that identifies potential abuse , such as an employee who regularly misses work on Mondays or Fridays , then share an executive summary of these findings . We take specific action based upon that review , such as flagging the employee for future scrutiny and targeting recertification with questions related to the nature of the suspicion . We share examples of choices that other customers in similar situations have made, including the basis for those decisions. As a result , potential abuse situations are identified systematically and reviewed individually. City of Fairhope will control the level of scrutiny and the actions taken to challenge suspicious intermittent leaves and we will execute on the administrat ive functions accordingly. This level of analysis has created a significant reduction in unplanned intermittent use and unapproved leaves in general and has allowed clients , like City of Fairhope, to achieve savings by keeping employees at work . FML A So urce® Propos al fo r City of Fairhope (6/23/2 02 3) 8 Copy rig ht 2023 Com Psy ch®. A ll rights res e rv ed . This docum ent is t he c onfid entia l an d prop rieta ry information of ComPsych Corporati on . 161 Proposal for City of Fairhope FMLASource" Case Example: Health Care Company A health care facility with 2 ,500 employees was experiencing an inordinate amount of intermittent leave , which can be especially disruptive in health care staffing . Total hours of FMLA absences also were a problem , and administration of FMLA had become costly . By tightening FMLA processes and requiring more consistent documentation of leave from employees and medical providers , we reduced the amount of intermittent leave from 61 percent to 38 percent. Case Example: Health Insurance Company For a large health insurance compan y, the cost of FMLA absences along with administration and compliance related to the Act was time consuming and expens ive . The company's staff was overwhelmed with tracking and paperwork associated with FMLA , and the number of staff making FMLA decisions left the organization vulnerab le to inconsistency and litigation . By implementing our program , the staff was able to rely on the program's attorneys , leave experts and operations to review and manage leave requests. Case Example: Higher Education An institution of higher education with 6 ,000 emp loyees was experiencing a high volume of intermittent FMLA usage , which was disrupting productivity. By thoroughly reviewing all leave requests and identifying recurring absences , FMLASource was able to reduce the percentage of approved leaves from 100 percent to 69 percent. FMLASourcee Proposal for City of Fairhope (6/23/2023) Copyright 2023 ComPsych®. A ll rights reserved . This document is the confidential and proprietary information of CornPsych Corporation . 9 162 Proposal for City of Fairhope FMLASource Professional Leave Management Experts Satisfaction with our services greatly depends on our interaction with employees , managers , and HR. We hire only professionals who fit our culture of passion and dedication, believe in our services and are excited to deliver our services . Our multi-disciplinary staff includes HR and Benefit specialists , attorneys , account managers , implementation experts , and clinical staff who have a minimum of a bachelor's degree in HR or a related field , expertise in leave administration and relevant experience . Our management team is led by industry experts with decades of experience in the areas of law , compliance , benefits , HR , claims , business and operations . Account managers Leave specialists Claims experts Claims specialists Claims processors Claims auditors Clinical Staff Designated day-to-day , single point of contact for managers and HR Minimum of a bachelor 's or JD degree • Experience building and maintaining customer relationships • Experience in benefits administration or HR • In-depth knowledge of FMLA compliance Assist employees from point of intake and throughout leave process • Minimum of a bachelor's degree At least three years' professional experience Experience in the insurance , benefits , healthcare , human resources-related services or legal industry • Experience working with employee benefits and/or leave administration Process complicated medical certifications , track leaves , handle correspondence • Minimum of a bachelor's degree in HR or related field In depth knowledge of FMLA and leave administration Previous administrative experience Process medical certifications , track leaves , handle correspondence Minimum of a bachelor's degree in HR or related field Previous administrative experience Assist with the medical certification process Administrative experience required Previous claims experience Monitor production and implementation processes and develop improvement plans Minimum of a bachelor's degree Comprehensive knowledge of FMLA and state leave laws Demonstrated mastery of in-hou se claims process Our clinical resources are comprised of trained medical professionals who are available to review and consult on complex cases when necessary. The clinical and nursing staff is led by our Clinical Director, Dr. Ewa Antonowicz and GuidanceResources Unit Leader , Fonda Phillips , RN . FMLASource® Proposal for City of Fairhop e (6/23/2023) 10 Copyright 2023 ComPsyche. All rights reserved . This document is the confidential a nd proprietary information of ComPsyc h Corporation . 163 Proposal for City of Fairhope FMLASource® Rather than challenging medical diagnosis through clinical resources , our model is based on Medical Disability Advisor (MDA) guidelines, strict application of federal , state and employer policy, and identification of changes in patterns and frequency of leaves. Legal Staff Our on-staff legal specialists hold a Juris Doctor degree , have passed the bar examination and have a current license to practice law. The legal team participates in weekly and monthly meetings to review recent court rulings , congressional activity, state and federal regulations, policies and procedures and audit results. They also participate in quarterly seminars provided by outside legal counsel and monitor changing legislation and relevant court rulings . To ensure they remain up-to-date , the team monitors FMLA and court reporting services and analyzes guidance from the DOL, state enforcement agencies and legislat ive bodies regarding changes to existing laws and the introduction of new laws. Our staff then educates our customers ' on an ongoing basis about any state/federal legislation or court cases that impact FMLA . Management Team Consists of Legal and Industry Experts Our management team consists of experienced and accomplished legal , operational , and HR management veterans : James M . Brown, JD, MBA, senior vice president, FMLASource Jim ensures that the HR departments of customers like City of Fairhope receive high-quality service . He will help customers strategically minimize the cost and frequency of absences related to FMLA and other types of leave . A veteran of the health care industry , he has 25 years of experience in implementing products and services. Jim is a nationally known expert on FMLA law and management of related absences and has worked closely with our largest clients to provide consultation on their absence management programs . Jim holds Juris Doctor and Master of Business Administration degrees from the University of Iowa and a Bachelor of Arts degree in business administration from Grandview College . He earned a chartered life underwriters designation in 2000 and a chartered property and casualty underwriters designation in 1990. Matthew L. Morris , JD, vice president, FMLASource Matt develops and leads compliance strategy and design for leave of absence administration . He has 13 years of experience developing legal compliance methodology. Previously, Matt served as Senior Counsel and Compliance Leader for Aon Hewitt. He is a nationally recognized expert and frequent speaker on FMLA for such organizations as Disability Management Employer Coalition and National Business Group on Health . Matt holds a Juris Doctor from the University of Michigan Law School and a Bachelor of Arts degree from Miami University. Sara Galle , manager, FMLA account services As manager of FMLA account services , Sara leads our team of account managers and implementation experts to ensure program quality, excellent customer service and smooth program implementation and administration . Sara implements strategic initiatives to coach account managers and implementation experts to better understand our customers ' business , human capital and leave administration needs. She provides support and coaching while also working alongside the team members to address any customer needs or concerns throughout implementation and beyond . She also works closely FMLASource® Proposal for City of Fairhope (6/23/2023) 11 Copyright 2023 ComPsych®. All rights reserved . This document is the confidential and proprietary information of ComPsych Corporation . 164 Proposal for City of Fairhope FM LA Source with senior management to ensure that our account management services remain the best in the industry. Sara holds Bachelor of Arts and Master of Arts degrees in Commun ications from Michigan State University. FMLASource® Proposal fo r City of Fairhope (6/23/2023) Copyright 2023 ComPsych®. All rights reserved . This document is the confidential and proprietary inform ation of ComPsych Corporation . 12 165 Proposal for City of Fairhope FMLASource® Program Management We know t hat in order for our solution to be successful , City of Fairhope 's HR staff needs to be successful. Therefore , our processes assist HR staff members through a partnership by prov iding : • • • • • Des ignated account management Compliance with FMLA and ADA regulations Real -t ime reporting Interactive program training and consultation Overall absence cost reduction Expert Account Management City of Fa irhope will have an account manager assigned to work w ith its team on an ongoing basis. The account manager is responsible for assisting HR with administration and enforcement of leave policies . Account managers provide a day- to-day , single point of contact for managers and HR that provide leave consultations , gather company-specific leave information and policies , and generate and analyze program reports . Account ma nagers also : Monitor the program for complex and unusual situations and provide suggestions for p rogram optimiza t ion . • Analyze leave usage reports for anomalies . • Generate and analyze program reports Bri ng in other experts-such as IT and legal staff-as needed for issue resolution to include consultation on complex cases that require careful analysis . Our expert staff is available to provide consultation to City of Fairhope's HR and management to help avoid inappropriate decisions and learn about recent court decisions. Consult with HR staff on challenging cases by comparing them with other customers and similar cases we have administered. Our account managers are expert , consultative resources who come from a variety of backgrounds (e.g. lawyers , consultants , HR managers) and have experience in the insurance , benefits , healthcare , human resources or legal industry. Easy Access to Information and Comprehensive, Timely Reporting We ensure that City of Fairhope 's HR team is provided the information it needs to oversee the program. First , we provide HR with copies of all employee correspondence at the same time (and sometimes before) the employee receives them . Our notification protocol is both dynamic and flexible . City of Fairhope can customize which letters they want to see and who should receive copies . Second , we provide a comprehens ive absence reporting package of w eekly reports (at-a-glance v iews of activity that week), and monthly reports (overall results , trends and benchmark ing ). Designated HR staff can at any time run reports or request addit ional reports using our website , www.FMLASource .com , or mobile app. We can also provide customized reports upon request. On a regular basis , we will provide City of Fairhope with the following , standard reports : Weekly Leave Report lists each employee on leave and includes new requests , new dec isions , and associated start and planned end dates ; HR managers rely on this report for payroll reconciliat ion along with coordinating vacation and sick time . Weekly Usage Report aggregates stat istics for the var ious leave types (e .g. birth of a ch ild , family illness , etc .), FM LASo urce ® Proposal fo r City of Fairhop e (6/23/2 02 3) 13 Copyright 2023 Com Psych®. A ll ri ghts res erved. Th is do c um e nt is th e confi de ntial and prop ri eta ry information of ComPsych Corporat ion . 166 Pr oposal for City of Fairhope FMLASource® and summarizes the amount of time taken as continuous , intermittent or reduce d-schedule leave. • Quarterly Utilization and Benchmark Reporting is organized by manager/supervisor and business unit and prov ides details regarding employee leave , including a leave decision summary, hour summaries , and leave decision breakouts by leave frequency and leave reason . This report can be deliv e red on a monthly or quarterly bas is and helps managers and supervisors better plan staffing levels . • Return to Work notification reporting provides details regard ing each employee leave ; at a glance , a manager/supervisor can see the start and planned end dates for each employee on leave In addit ion , we can provide custom reports and make a number of reports available on FMLASource .com , including Frequenc y of Absence Reports , Emplo yee Tracking Reports , All Act ive Leave Reports , C losed Leave Reports , Late Intermitten t Leave Time Reports and Leave Exhaustion Reports . HR contacts may also use FMLASource.com to trac k the status of individual employee leaves , which are reconciled in real ti me with our telephone time-reporting system . We have included sample reports in the append ix . Interactive Training We work closely with each custome r to ensure that HR and management staff are taught to ident ify qualifying situations . Our training sessions , delivered in a variety of formats , encourage open communication a nd allow City of Fai rhope to learn ho w to administer leaves consistently . Initial tra ini ng covers the following : • A pply ing fair and equal treatment practices Ident ifying qualifying events • De termining employee eligibilit y for both FMLA and STD • Unde rstanding medical certificat ion requirements T racking absences Documenting compliance with differing state and federal requirements • Overseeing the return to work process Explaining the contact points that employees and managers can expect throughout the leave Following initial training , we will also conduct ongoing review sessions , in which we will educate new managers/supervisors on FMLA and brief all HR professionals and management on updates to the law. FMLAS ource" Prop osal for City of Fai rhope (6/23/2023) Co pyri ght 2023 ComP syc h®. A ll rights reserved . This do cum e nt is the co nfid e nt ial and proprieta ry in formation of Co mP sych Cor po ra tion. 14 167 Proposal for City of Fai rhope FM LA Source°' ADA Services for City of Fairhope We offer a comprehensive solution to address ADA leave administration that is seamlessly integrated with FMLA administration while meeting the requirements of the EEOC . Comb ining FMLA and ADA adm inistration enables employers to comply with leave of absence requests covered under the FMLA and the ADA , administering each law in accordance with its individual regulatory requirements . ADA lea ve administration services include : • Clea r, documented process for following EEOC and ADA requ irements Secure recording and tracking of all employee requests and individual leaves • Utilization reports of employees on leave , frequency of leaves and status updates Complete , timely , accurate and tailored correspondence Gathering and rev iewing med ical certification paperwork substantiating a request for a reasonable accommodation • Proactively identifying absences that may require ADA analysis • Obtaining details of the ADA leave need • Ass isting employees and t he ir health care providers to correct ly complete the medical cert ification paperwork • Establishing criteria for making decisions ADA leave administration services help employers like City of Fairhope complete a well-reasoned and individualized ADA analys is , as required by law. Our collaborative , guided process by ADA leave ex perts reduces ris k and ensures consistent , individualized review of leave requests in accordance w ith the regulations . ADA leaves are administered and tracked by our special ists , relieving the administrative burden on HR and management. All services are ava ilable through the City of Fairhope-dedicated toll-free number and via FMLASource.com . Potent ial ADA leaves are identified through the FMLA intake process . Leave specialists gather the current medical certificat ion , including any support ing information from a disability o r workers ' compensation partner. The request is reviewed to determine if the current documentation supports a disabling condition under the ADA. If further documentation is needed , we will send an ADA medical certification form to the employee and review it for sufficiency once it has been returned . When an ADA analysis is needed , we w ill send a packet to the des ignated ADA contact conta ining all available employee information (e.g., last day worked , total leave approved , additional leave requested , STD and FMLA certification supporting information) and schedule a call with our ADA coach. To prepare you to engage in the individualized , interactive process required by the ADA, our ADA coach will guide you through all relevant ADA standards and considerations (e.g . ident ify ing essential versus marg inal funct ions , reasonable accommodations versus undue hardsh ips , etc.), providing insight on different subjective standa rds within the law, including EEOC and other guidance. ADA coaches have a juris doctor degree and experience w ith ADA compliance . Finally , once you have made a leave decision , we send the applicable letters to the employee , not ifying them of leave approval or denial ; track time under the un ique plan ; and generate reports on ADA usage . FML ASource® Propo sal for City of Fa irhope (6/23/202 3) Copyright 2023 Com Psyc h®. A ll rig hts re served . This do c ument is the confidenti al and proprieta ry information of ComPsych Corp orat ion . 15 168 Proposal for City of Fairhope FMLASourcee Online Tools & Resources Convenient, Online Access to Information FMLASource .com offers around -the-clock access to leave trac k ing and other frequent ly requested information . The site pro vi des a n easy and convenient w ay to request , trac k and manag e family and med ical leaves. Our ro b us t web site ha s tools and info rm at ion that are designe d to help both employees , managers and HR staff with submitti ng , t rack ing and managing lea ves in an easy-to -navigate fo rm at. Upon logg in g into FMLASource .com , both employees and HR staff a re presented with a dashboard that highlights leave activity and information , while also displaying any action needed by the emp loyee or HR staff member. Website Highlights Fl\1LASource · • Eas y-to-navigate dashboard H •C 1\ ~ o O \. C• • Employees can open ne w leaves , track tim e or adjust current lea ves HR can "work on behalf of' employees , review lette rs sent , check usage and generate reports • Dashboard highlights action items for em ployees and summary status • FAQ help employees th rough process My Dashboard My Absences • Add New Leave Actions A.fl Worl< on Behal f of •.. Reports @l Ge nera te Re ports M View Leave Requests H ighlights of our online offering include an easy-to-navigate dashboa rd that presents action ite ms for employees and summa ry stat us . The s ite also prov ides helpful FAQs and the ab ility fo r both employees and HR to perform leave admin istrati on tasks , such as opening new claims , adjusting current leave information and generating activity reports . Spec ifi cally , employees can : • Open a new leave request Check e li gibility for leave • Do wn load medical certifications and copies of all letters an d related attachments Check the status of a leave request Keep t rack of leave time • Learn abou t federal FMLA reg u lat ions Update the ir own leave informati on , including reporting int e rmi ttent leave t ime or updat ing return to work date FML ASource ® Pro posal for City of Fa irhope (6/23/2 02 3) Copyright 2023 Com Ps ych ®. A ll rights reserved . This document is the confidential and proprietary information of ComPsych Cor poration . 16 169 Proposal for City of Fairhope Designated HR staff and managers can : Work on behalf of employees (e.g . open a leave request or report time) • Track requests • Confirm eligibility Check compl iance V e ri fy medical certification was received Dow nload copies of letters and related correspondence Stay current on federal FMLA regulations Manage and update return to work activity FMLASource Mobile App FMLASourcef) The FMLASou rce .com mobile presence is comprised of a mobile appl ication and mobile webs it e t hat allows employees and HR staff to track leave and check the status of a claim , among other things . The mobile s ite enables smart phone users to access a subset of the most critical features of the full FMLASource .com website . All use rs of the mobile site , includ ing employees and designated HR staff/managers , can : Open a new leave request V iew leave request details and decisions Update current leaves Find answers to frequently asked questions about FMLA regulations Contact FMLASource In add iti o n , HR staff and managers can : • Perform leave tasks , such as updating current leaves , on behalf of any employee V iew previous leave information for a specific employee e Generate leave reports FMLA Sourcee Propo sal fo r C ity of Fairhope (6/23/20 23) Copyright 202 3 Com Psych®. A ll rights reserved . This do cume nt is the c onfid e ntial and prop rieta ry info rmati on of ComPsych Corpo ra t ion . 17 170 Proposal for City of Fairhope FM LA Source Streamlined Program Implementation We pride ourselves on our consultative and fully managed implementations that ensure that our customers ' programs begin on the "go live " date . We make the imp lementation process as easy as possible for our customers. Implementation Team We will designate an implementation team to support the account manager and City of Fairhope throughout implementation. The team consists of an imp lementat ion expert and select members of our IT staff. They will make sure that requ ired documentation is completed ; all historical and future file feed specifications within the database are tested and loaded without delay ; and training is managed efficiently. Each program imp lementation is led by an experienced implementation expert who will work closely with City of Fairhope 's designated program stakeholders to perform the following : Define implementation tasks , associated timelines , task responsibilities and project schedules Detail and confirm services and processes for current and future leave participants • Review current leave administration processes and identify areas for improvement • Use federal and state regulations to determine eligibility rules and company-specific leave policies Use established goals to outline current policies Review and customize leave letters , medical certification forms and other correspondence to reflect company policies on both FMLA and STD Identify and establish opportunities for coordination with other benefits (e .g . EAP , worker's compensation , disability) Develop file layouts for eligibil ity and historical data and conduct detailed testing of data transmissions (including discussion of historical file data transition with current leave administration vendor , if applicable) Create a customized reporting structure (e .g. location , manager level) to support tracking needs The implementation expert will provide City of Fairhope with information and guidance on leave compl iance and will investigate and resolve any concerns or questions during the implementation process. Additionally , the implementation expert will develop a business and communication plan with HR to successfully promote our services . Our implementation experts have experience in account and project management related to leave administration , benefits , or human resources-related services and a bachelor's degree in HR or a related field . Key members from our IT staff are essential in successfully implementing the program . We leverage their data expertise and skills to test and load eligibility and historical data files from our customers . To provide continuity of decisions and the appropriate calculation of remaining entitlement , we encourage the subm ission of a historical leave activity file containing the previous 12 months of leave history in order to administer takeover of existing leaves. For employees currently on leave , we will request that they recertify their leaves as they come due , using our documentation and paperwork . With this data , we can track all leave time taken and ensure that each leave is appropriate under the law . There is no additional charge for this service . Our database administrators ensure that all data is loaded correctly and accessible to our leave administration staff. Our business system analysts ensure that the loaded data aligns with our proprietary leave admin istration system , the FMLASource Platform (FSP). Our implementation experts and IT staff work closely to provide a smooth implementation . A typical program implementation includes developing a pre-established schedule of weekly meetings with designated HR FMLASourcee> Proposal for City of Fairhope (6/2 3/2023) 18 Copyright 2023 ComPsyche. All rights reserved . This document is the confident ial and pro prietary info rmation of ComPsych Corporation. 171 Proposal for City of Fa irhope FMLASource~ and IT staff, as well as initial training for HR staff and managers . As experts in implementing and managing absence management and ADA services , the implementation team will ensure that City of Fairhope 's program beg ins successfully. FMLASource«> Proposal for City of Fairhope (6/23/2023) 19 Copyright 2023 ComPsych«>. All rights reserved . This document is the confidential and proprietary information of ComPsych Corporation. 172 Proposal for City of Fairhope FMLASource~ Delivering High-Quality Services We continuously strive for process improvements that result in greater service delivery and customer satisfaction with ou r leave adm inistration services. Based on our corporate mission to always meet and exceed our customers ' expectations , our comprehensive quality management processes ensure that all touch points with our custome rs-both at the employee , manager , and HR staff levels-provide the assistance and reso lution they expect during difficult , stressful times . Our qua lity management processes also aim to remove any barrie rs, such as inappropriate den ia ls of leg itimate claims or delays in approval , which can hinder the leave administration process for both employees and employers . We cons istently monitor our processes to achieve the best possible results for our customers and their employees . Through formal processes , we measu re and analyze results , improve metrics and monitor our ongoing performance . Quality Management Enhances Customer Experience The ultimate goal of our quality assurance and management practices is to enhance both employees ' and HR staffs ' ex per ience wi th our serv ices . Benefits of our quality management efforts include : • Pre vention of denials of legit imate leave claims due to incomplete or incorrect ly subm itted paperwork . A seamless customer experience . Minimum response and resolut ion time whenever there is an expectation of turn-around t ime , such as returning calls and processing leave paperwork expeditiously. • Proactive communications and interactions with HR staff , employees , and medical professionals to eliminate delays in processing leave requests . Internal Audit Processes Improve Staff Performance To ensu re that we are consistently improving upon our customer service quality and enhancing the customer experience , we conduct thorough internal audits on all aspects of our service delivery. Continuous staff improvement is a cornerstone of our qual ity management approach , and we are always striving to provide the highest quality of service possible . We train our staff to focus on customer satisfaction by : • Giving our staff weekly scorecards that provide valuable feedback for performance enhancement and management. Coaching our staff members on an individual basis, focus ing on their specific areas for improvement. Record ing and reviewing phone calls with staff members to ensure that a professional , empathetic and conversational tone is employed in all calls . Quality Management Examples Examples of our quality assurance efforts include : Improved Response Times for Incoming Calls a nd Voicemails Our call center fielded many calls from employees who wanted to confirm if we had received the ir voicemails or documentati on . In the past year , we reduced the number of such inqu iry calls by developing an automated system that calls the employee and confirms that we have received a call or fa x sent to us. Expedited Medical Certification Process Ana !yzing t he patterns of our leave den ials , we discovered that man y denials were due to some om ission or error in the FMLASource® Proposal fo r City of Fairhope (6/23/2 023) 20 Co pyright 2023 Co mPsyc h®. A ll rig hts reserved . This docume nt is th e confid ential and proprietary in formati on of ComPsych Corpo ration . 173 Proposal for City of Fairhope FMLASource® medical certification paperwork submitted by the treating physician . To rectify this, we redesigned and simplified our medical certification forms so they would be easier to complete . In cases where we have not received medical certification , we proactively reach out to the physician to clarify any points that may be confusing or unclear. These efforts have resulted in our six percent denial rate dropping to less than one percent. Exceeding our Own High Quality Standards We regularly exceed our own standards for high quality services . For example , although our internal quality standard for returning calls and resolving customer issues is 48 hours , we consistently resolve issues and respond to employee and employer inquiries within 24 hours . FMLASource® Proposa l for City of Fairhope (6/23/2023) 21 Copyright 2023 ComPsych®. All rights reserved . This document is the confidential and proprietary information of ComPsych Corporation . 174 Proposal for City of Fairhope FMLASource® Reliable & Secure Technology Infrastructure When City of Fairhope employees and management need our program , they can rely on our stable technology infrastructu re and availability 24 hours a day, seven days a week . We maintain the industry standard of 99 .5 percent uptime , supported by a redundant network and a fully operational data center in diverse geograph ic locations to ensure that ou r services are available , even during crises . Because w e store highly confidential employee and employer information in our system , we ma inta in security through the following measures : • State-of-the-art firewall • V irus-scanning software , i nclud ing two gateways for e ma ils • Two levels of facility security To ensu re continued access to data during an interruption , we back up data nightly. Our disaste r recovery plan will ensure that our data network , telephony and databases are always ava ilable to serve City of Fairhope 's employees . Our provis ions fo r data security include : • Employing and maintaining firewall configurations with IPS installed and monitored • No usage of default and shared passwords or security pa rameters • Encrypting all data that is sen t across open public networks (email , EDI or file transmiss ion) • Employing and updating anti -v irus software on a daily basis Ma intaining secure systems and applications pursuant to our Information Security Polic y and Application Security Policy • Restricting all application and data access on a need-to-know and function of role and responsibility basis • Employing unique and strong user IDs and passwords for each person with compute r access • Strictly enforcing physical access to data via approved limited key card access to our t ightly controlled/guarded (CCTV, alarmed door , true floor to ceiling walled , windowless ) data center Approving employees for their access and authority level by department head sign-off. We then apply authentication within our appl ication . All updates logged and monitored . Database access is locked down to within application transactions . • Requ iring all employees to electronically sign off that they read and acknowledge our Data Confidentiality and Pr ivacy Policy annually FMLASou rce® Pro pos al fo r City of Fairho pe (6/23/2023) Copy right 2023 Com Psyc h®. A ll rights reserve d . Thi s doc um e nt is th e co nfid ent ial and proprieta ry information of ComPsych Corp oration . 22 175 Pricing Summary FM LA Source Pricing for City of Fairhope The following pricing is offered on a per-employee-per-month basis based on City of Fairhope 's 445 employees . Leave management services (Federal FMLA , USERRA, jury/witness duty and state family leave tracking and management , including FMLASource.com ) ADA Leave Administration Optional non-FMLA leave tracking e.g .,bereavement , personal leave of absence , paid medical leave , or other company leaves Take Over and Historical Data Processing Implementation Fee With a guaranteed contract, FMLASource will offer up to a five-year guaranteed rate. FMLASource Program Services Leave Administration Services Administer previous 12 months of leave history (if data is provided electronically) Notify employees of their employer's FMLA and STD policies Verify eligibility requirements Facilitate certification and STD processes • Send correspondence for approvals and denials to employees Track and record all employee requests and individual leaves Document each occurrence completely Coordinate complex cases that combine multiple benefit areas Comprehensive, proactive return-to-work notifications Des ignated account manager and implementation team Easy to understand , automatic and on-demand reporting Accessible via web and mobile app ~ $1 .75 per employee per month $1 .12 per employee per month Additional $0 .06 per employee per month *per leave type tracked * Included -no additional cost Waived Provide program utilization reports detailing employees on leave , frequency of leave and their qualifying events Leave Consultation Services • Provide access to leave specialists through the dedicated toll-free number and online portal Perform FMLA and STD intake through intake specialist Provide training for HR staff and managers/supervisors Support the development of City of Fairhope's policies and procedures Guide HR managers and other managers on individual leave cases Inform managers on the legal and financial implications of leave decisions Update managers on the latest state and federal regulat ions FMLASource® Proposal for City of Fairhope (6/23/2023) Copyright 2023 Com Psych ®. All rights reserved . This document is the confidential and proprietary information of ComPsych Corporation . 23 176 Pricing Summary FMLASource® ADA Administration and Tracking Identification of FMLA leaves that may require an ADA analysis Expert guidance on the interact iv e process and all relevant ADA standards and considerations for a compliant leave determination • Claims and administrative processes and tools integrated with FMLA In-person training sessions are available for $150/hour plus approved travel expenses , if needed . FMLASource® Proposal for City of Fairhope (6/23/20 23) 24 Copyright 2023 ComPsyche. All rights reserved . This document is the confidential and proprietary information of ComPsych Corporation . 177 Conclusion FMLASource® Why FMLASource? FMLASource offers a convenient alternative to internally administering employee leave that greatly reduces an organization 's costs and liability risk . We provide guidance on regulations and employee eligib ility , handle the administrative tasks , coordinate benefits on behalf of the employer, and train and consult with employers on how best to apply all applicable regulations and policies. The outcome is fair , accurate and consistent leave administration that offers compliance, ease of administration , and a reduction of costs associated with unplanned leave . Working as an extension of our customers ' HR teams , our experts provide guidance on individual cases, coordinate complex cases that combine multiple benefit areas , and oversee the return-to-work process when employees complete their leave . In addition , ADA leave administration is seamlessly integrated with our leave services . HR managers are kept up-to-date throughout the process through weekly reporting and frequent communications with their designated account managers . HR managers are also able to review FMLA activity online at FMLASource .com at any time . As a result , City of Fairhope will have a clear and complete picture of employees on leave , from their qualifying events to their anticipated return to work. We look forward to discussing City of Fairhope 's leave administration process in greater detail , and developing a program that meets and exceeds needs and expectations . FMLASourcee Proposal for City of Fairhope (6/23/2023) 25 Copyright 2023 ComPsyche. All rights reserved. This document is the confi dential and proprietary info nnation of ComPsych Corporation . 178 Name: Kim Creech CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Date: 8/31/2023 Department: _T_re_a_s_u~ry~------------------- Expenditure Threshold ** Distinctions Quotes Required Approval Green Sheet Under $5,000 No restrictions Not Requ ire d N/A N/A Utilities $5,001 -$10,000 Operational NON -Budgeted Three Treasurer/Mayor N/A Greater than : Operational NON -Budgeted Thre e Council Reguired Gen Gov t -$5,001 Utilities -$10,001 Gen Govt -$5,001-$15,000 Operational Bu dgeted Three Treasurer N/A Utilities -$10 ,001 -$15,000 Over $15,000/$50,000 Op erational Budget * Sta te Bid List or Treasurer/Mayor N/A Buy ing Group Over $15 ,000/$50 ,000 Op erationa l Budgeted Bid s Council Reguired Profes si ona l Service Over $5,000 Budgeted or Non -Budgeted Mayo r Select Council Reguired Resolution N/A N/A Reguired N/A N/A Reguired Reguired *Budgeted items that meet or are under budget may be purch ased with the Mayor and/or Treasurer 's approval if they are on the State Bid lis t or from an approved buying gro up . Ite ms that are over budget must go to Council for approval and will require a green sheet and resolution . **Expenditure Threshold is a combined totol 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. American United Life Insurance Company 2. Click or tap here to enter text. QUOTES $ $15,646.20 $ Vendor Quote 3. Click or tap he re to enter t ext. $------------- 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? FMLA Leave Service 2. What is the total cost ofthe item or service? $15,646 .20 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ~ New □ Used D Replacement D Annual Request 5. Vendor Name (Lowest Quote): American United Life lnsurance/FMLA Source 6. Vendor Number: 6421 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 info rmation . BUDGET INFORMATION 1. Is it budgeted? IZI Yes D No D Emergency Request 2. If budgeted, what is the budgeted amount? $15,646.00 3. Budget code: 001170-50290 Professional Services Email completed form with quotes and other supporting documentation to Erin. Wolfe@FairhopeAL.gov and Rhonda.Cunninqham@FairhopeAL.gov. PUR-004 • 082522 179 RESOLUTION NO. ---- BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the selection of PFM Financial Advisors LLC for Professional Consulting Services as Financial Advisor to develop a Finance Plan with a not-to-exceed amount of $15 ,000.00 ; and hereby authorizes Mayor Sherry Sullivan to execute contract. This profes sional service is exempt from formal bidding per Code of Alabama 1975 , Section 41-16-51 (a)(3). DULY ADOPTED THIS 11 TH DAY OF SEPTEMBER, 2023 Attest: Lisa A. Hanlcs , MMC City Clerk Jay Robinson, Council President 180 City of Fa irhope Project Funding Re ques t COF Project No. 2357 Issu ing Date : --~8~/1~7""'/2_0_2_3 __ Please return th is _ _£i~ut~g.Sheet to v easuter by : __ ...:A..:;S:::A...:P'--- Project Name : Aoorove the Selection for Professional Consultlng Services for Financial Advisor to develooment a fin ance olan Project Location:--'T'-'-r.::.ea::;s:.:u:.:1rv.,_ __________________________ _ Resolution # : Presented to City Council : ___ 9/_1_1/_2_0_23 __ A pproved _____ _ Fund ing Reque st Sponsor: .:K_,,i:..:.m:...C=re:.:e:.:cc:.:h:i....:.T:..:re:.:a:::s:.:u.:.:re:..:r _____________________ _ Changed _____ _ Rejected _____ _ Project Cash Req uirement Requested : Cost: $ 15 000.00 Not-to-Exceed Amount Vendor : PFM Financia l Advisors LLC (Vendor #TBD) P roject Engineer: ~n~/a _________________________________________ _ Lead Time: n/a Order Date : -----'n--"/-"a __ _ ------------ Department Funding Th is Project Gas D Electric □ W ateD W astewater D Sanitati on D Department of General Fund Providing the Funding Admln-10 0 Bldg-13 0 Fleet--46 □ Go~-50 D Police -15 D Fire-20 D EC D-24 0 Rec-25 0 Golf Grounds-55 D Museum-27 D Non Dept Fac-75 D Debt Service-85 D Project w ill be : Fund ing Source : Expensed XXX 0 Caprtalized □ In ventori ed □ Expense Code : 001100--50290 GIL Acct Name: Professional Services Project Budgeted : $ 15,000.00 (Included in DRAFT FY2024 Budget) Ba lance Sheet Item -D Included in projected cash flow Over (Under) budget amount: $ . This request Is to approve the selection of PFM FiMncia l Advisors LLC for Professional Consulting Services for Treasury in the not..to◄xCNd amount of $15,000. The vendor presented options for financ ial consulting Hrvlces to the City Council during the August 14, 2023, Council Work Session. Authorize Mayor to execute contract. City Council Prior Approva l/Date? ~N~/A~------ Senlor Accountant City Treasurer Operating Expenses Budgeted Capital Un fu nded Bond : Loan : Cap ita l Lease : Purch as ing Memo Date : __ 8=/~1=7/=2=0=23~-Pu rchasing Memo Date : ___ 8=/~1~7/=2=02=3~-- Cap Project D Civic-26 □ Marina-34 D XXX . Req ~o,ved Date : ~ ~~/ Impact D Gas T ax D Street-35 D Meter-19 D Plan/Zone-12 D Adult Rec-30 D 0 □ D Federal -not to exceed amount State Crty Loca l Trtl e Trtl e Payment Fed Grant 0 IT-1 6 0 Year Yea r Temn 181 pfm 116 Jefferson St S Suite 301 Huntsville, AL 35801 pfm.com DRAFT Kimberly Creech City Treasurer City of Fairhope, AL 161 North Section Street Fairhope, AL 36532 Dear Kim: September _, 2023 The purpose of this letter (this "Engagement Letter") is to confirm our agreement that PFM Financial Advisors LLC ("PFM") will act as financial advisor to the City of Fairhope, AL (the "City"). PFM will provide, upon request of the City, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance , as applicable and set forth in Exhibit A to this Engagement Letter. Most tasks requested by City will not require all services provided for in Exhibit A and as such the specific scope of services for such task shall be limited to just those services required to complete the task. PFM is a registered municipal adv isor with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to the Securities Exchange Act of 1934 Rule 15Bal-2. If City has designated PFM as its independent registered municipal advisor ("IRMA") for purposes of SEC Rule 15Bal-l(d)(3)(vi) (the "IRMA exemption"), then services provided pursuant to such designation shall be the services described in Exhibit A hereto, subject to any agreed upon limitations. Verification of independence (as is required under the IRMA exemption) shall be the responsibility of such third party seeking to rely on such IRMA exemption. PFM shall have the right to review and approve in advance any representation of PFM's role as IRMA to City. MSRB Rules require that municipal advisors make written disclosures to their clients of all material conflicts of interest, certain legal or disciplinary events and certain regulatory requirements. Such disclosures are provided in PFM 's Disclosure Statement delivered to City prior to or together with this Engagement Letter. PFM ' s services will commence as soon as practicable after the execution of this Engagement Letter by the City and a request by the City for such service. Any material changes in or additions to the scope of services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Engagement Letter. Services provided by PFM which are not included in the scope of services set forth in Exhibit A of this Engagement Letter shall be completed as agreed in writing in advance between the City and the PFM. Upon the request of City, an affiliate of PFM or a third party referred or otherwise introduced by PFM and/or designated by the City may agree to additional services to be provided under a separate writing, including separate scope and compensation, between City and such affiliate or third party . 182 For the services described in Exhibit A, PFM's professional fees will be paid as provided in Exhibit B. All fees shall be due to PFM within thirty (30) days of the date of invoice . In addition to fees for services , PFM will be reimbursed for necessary, reasonable out-of-pocket expenses incurred, including, but not limited to , travel, meals , lodging, telephone, mail , and other ordinary or extraordinary costs such as for graphics , printing, document production (including as required by a subpoena or other legal document or order), data processing and computer time which are incurred by PFM. Upon request of City , documentation of such expenses will be provided. This Engagement Letter shall be effective from September _, 2023 until August 31 , 2023 . PFM shall not assign or transfer any interest in this Engagement Letter or subcontract any of the work performed under this Engagement Letter without the prior written consent of the City; provided that PFM retains the right to enter into a sale, merger, internal reorganization, or similar transaction invol v ing PFM 's business without any such consent. All information, data, reports , and records in the possession of the City or any third party necessary for carrying out any services to be performed under this Engagement Letter ("Data") shall be furnished to PFM. PFM may rely on the Data in connection with its provision of the services under this Engagement Letter and the provider thereof shall remain solely responsible for the adequacy, accuracy and completeness of such Data. All notices and other communication required under this Engagement Letter will be in writing and may be sent by certified mail, return receipt requested, by nationally recognized courier, with written verification of receipt, or by electronic mail. Notices shall be addressed to the party for whom it is intended, at the addresses on the first page of this Engagement Letter. All materials , except functioning or dynamic financial models , prepared by PFM pursuant exclusively to this Engagement Letter will be the property of the City. Subject to the preceding exception, upon termination of this Engagement Letter, PFM will deliver to the City copies of any and deliverables pertaining to this Engagement Letter. The following employees of PFM will provide the services set forth in this Engagement Letter: Joshua McCoy, Marcie Lewis , Brooke Baldwin, Ricardo Callender, and Greta Englert. PFM may, from time to time , supplement or otherwise amend team members . The City has the right to request, for any reason, PFM to replace any member of the advisory staff. Should the City make such a request, PFM will promptly suggest a substitute for approval by the City. PFM will maintain insurance coverage with policy limits not less than as stated in Exhibit C . Except to the extent caused by its willful misconduct, bad faith , 183 gross negligence or reckless disregard of obligations or duties under this Engagement Letter, PFM shall have no liability to any party under this Engagement Letter. PFM , its employees , officers and representatives at all times will be independent contractors and will not be deemed to be employees , agents , partners , servants and/or joint venturers of City by virtue of this Engagement Letter or any actions or services rendered under this Engagement Letter. Nothing in this Engagement Letter is intended or shall be construed to give any person, other than the parties hereto , their successors and permitted assigns , any legal or equitable rights , remedy or claim under or in respect of this Engagement Letter or any provisions contained herein. In no event will PFM be liable for any act or omission of any third party or for any circumstances beyond PFM 's reasonable control including, but not limited to , fire , flood , or other natural disaster, war, riot, strike , act of terrorism, act of civil or military authority, software and/or equipment failure, computer virus, or failure or interruption of electrical , telecommunications or other utility services . This Engagement Letter shall be construed, enforced, and administered according to the laws of the State of Alabama. PFM and the City agree that , should a disagreement arise as to the terms or enforcement of any provision of this Engagement Letter, each party will in good faith attempt to resol v e said disagreement prior to pursuing other action. This Engagement Letter represents the entire agreement between City and PFM and may not be amended or modified except in writing signed by both parties. For the sake of clarity, any separate agreement between City and an affiliate of PFM or a third party referred or introduced by PFM and/or designated by the City shall not in any way be deemed an amendment or modification of this Engagement Letter. The invalidity in whole or in part of any provision of this Engagement Letter shall not void or affect the validity of any other provision. Please have an authorized official of the City sign a copy of this Engagement Letter and return it to us to acknowledge the terms of this engagement. This Engagement Letter may be signed in any number or counterparts , each of which shall be an original and all of which when taken together shall constitute one and the same document.Sincerely, PFM FINANCIAL ADVISORS LLC By:----------- J oshua McCoy Managing Director 184 Accepted by: CITY OF FAIRHOPE, AL Authorized Signature Name Title Date 185 EXHIBIT A SCOPE OF SERVICES 1. Services related to the Plan of Finance recommendation for the City's upcoming water projects: 2. Coordinate with City to determine financing goals and objectives and risk tolerance (i.e. fixed vs. variable), 3. Coordinate with bond counsel to review current bond indenture to evaluate existing bond covenants and provisions and identify allowable financing structures, 4. Analyze current and pro-forma debt capacity, 5 . Evaluate the City's 5-year multi-year financial forecasts and identified funding sources to analyze and evaluate various financing options including : a. Pay-as-you-go vs. debt financings structures, b. Short-term (i.e. LOC or put bonds) vs . long-term financing options, c. Recommend approach to accessing capital markets (i.e . bank loan options vs . public markets), d. Recommend method of sale (competitive vs. negotiated sale options), e. Variable vs. fixed rate funding options, f. Senior vs . sub-lien indenture considerations, g . Other alternative financing options (i.e. SRF or WIFIA), h. Multi-tranche financing options vs . financing all at once , 6. Present identified financing options to City along with comparison of estimated financing cost, fees, rates and risk comparisons along with recommended plan of finance. 186 EXHIBITB COMPENSATION FOR SERVICES 1. Plan of Finance Recommendation Project For development of a plan of finance recommendation, a one-time fee of $15 ,000 will be billed upon completion and delivery of the final product. 187 EXHIBIT C Insurance Statement PFM Financial Advisors LLC ("PFM") has a complete insurance program, including property, casualty, general liability, automobile liability and workers compensation. PFM maintains professional liability and fidelity bond coverages which total $5 million and $5 million single loss/ $10 million aggregate , respectively. PFM also carries a $5 million cyber liability policy . Our Professional Liability policy is a "claims made" policy and our General Liability policy claims would be made by occurrence . Deductibles/SIR: Automobile $100 comprehens ive & $1 ,000 collision Cyber Liability $100,000 General Liability $0 Professional Liability (E&O) $200,000 Financial Institution Bond $50,000 Insurance Company & AM Best Rating Professional Liability (E&O) ........... Lloyds of London; (A; Stable) ............................................. AXIS Surplus Insurance Company; (A; Stable) Financial Institution Bond .............. Berkley Regional Insurance Company; (A+; Stable) Cyber Liability ........................... Greenwich Insurance Company (A+; Stable) General Liability ......................... Valley Forge Insurance Company ; (A Stable) Automobile Liability .................... Continental Insurance Company; (A Stable) Excess /Umbrella Liability ............. Continental Insurance Company; (A Stable) Workers Compensation .................. Continental Insurance Company; (A Stable) & Employers Liability 188 0 pfm Fairhope, Alabama Plan of ~inance Scope of Work September 11, 2023 PFM Financial Advisors LLC 116 Jefferson Street South 256.419 .2911 Suite 301 pfm .com Huntsville, AL 35801 189 0 PFM Proposes to be a Value Added Partner by Providing: • A detailed Plan of Finance that will include evaluation of short and long term financing options such as bank lines of credit, longer term bank loans, private placements, and/or public markets financing options given current market conditions • In creating the analysis, PFM will review the City's goals and objectives, existing borrowing covenants , budgetary implications, and risk exposure considerations following the steps outlined on Slide 3 and further detailed in our proposed engagement letter • PFM is a registered Municipal Advisory firm which means we have a federal fiduciary duty to our clients unlike an underwriter who is not required to act in the issuer's best interest and must balance their duty to both the issuer and the investor • Top ranked financial advisory firm in both Alabama and the water and wastewater sector • Transaction execution work (if engaged), would include fee credit toward Plan of finance work, and additional scope of services that include : • Bank Placements: • Coordination with bond counsel on RFP development • Leveraging bank network for broader RFP distribution • Coordination with selected bank on financing schedules and loan terms ©PFM • Public Sale: • Coordination with credit rating agencies and preparation of rating presentations • If negotiated sale, assist with UW selection and fee negotiations and negotiation of final interest rates 2 190 0 PFM's Approach to Addressing the Requested Scope of Work • PFM would work with the City and its bond counsel to draft a recommended Plan of Finance for the Water/Sewer project working through the steps below: Step • • Step 1 • • • • Step 2 • • • Step 3 • • • Step 4 • • ©PFM Workflow Evaluate existing borrowing covenants contained in existing bond documents and potential legal constraints (i.e . Additional Bond Tests requirements) Evaluate future capital improvement plans to determine best uses of cash and/or debt to meet future needs Evaluate debt and reserve policies to ensure debt structures are in compliance Evaluate budgetary risks of financing structures that may impact cash flow, ability to service new debt and customer rates and charges Evaluate short-term and long-term financing options to determine best structure for lowest cost of capital Evaluate fixed vs variable rate borrowing structures Evaluate bank loans vs. public market vs. federal funding (i.e. SRF) considerations Evaluate City's risk appetite, preferred ways to access capital Evaluate market conditions and expectations of future rates to determine if it is better to pre-fund projects or finance them as expenditures are incurred via short-term financing, internal reserves or other sources Evaluate expected costs of issuance of various borrowing structures vs cost/benefits of borrowing rates Evaluate potential borrowing structures (i.e. funding capitalized interest) Create a recommended Plan of Finance that would meet the goals of the City while being efficient and resulting in the lowest cost of capital for the Water/Sewer System 's upcoming projects Work with City Treasurer to refine the Plan of Finance to meet any additional unidentified needs Present Plan of Finance Recommendation to City Council 3 191 0 Role and Value of an Independent Municipal Advisor • In its simplest terms, an Independent Municipal Financial Advisor ("Municipal Advisor" or "Financial Advisor") represents the Issuer's best interest throughout the entire process of any project or debt issuance . ✓ Develop an optimal financing and debt-structuring plan (bond issue , bank loan etc .) ✓ Recommend Method of sale (competitive, negotiated, hybrid , etc.) ✓ Negotiations of interest rates, underwriting fees , and loan provisions ✓ Ultimate recommendation whether to proceed based on current market conditions ✓ Manage risks ✓ Provide market insight and recommendations ✓ Identify market opportunities and service restructuring opportunities • Government Finance Officers Association ("GFOA") recommends the use of a Municipal Advisor as part of their Best Practices for municipal bond issuers . • Municipal Advisors and Underwriters are not mutually exclusive but instead compliment the services of one another. Value of a Municipal Advisor Quantify cost/benefit of various structuring considerations Has a fiduciary duty to deal honestly and act in the client's best interest Acts as a liaison between all parties on a bond issue Provides analysis and recommends the method of sale (public markets vs bank loan/competitive vs negotiated) Recommends ways to minimize borrowing costs , rates , and risk Ensures that the issuer is selling its bonds/notes at a fair market price "An underwriter would violate Rule G-17 If it discouraged a state or local government from using a municipal advisor or otherwise imply that hiring an advisor would be redundant because the underwriter can provide the same advisory services." -MSRB: What to Expect from your Underwriter (2017) ©PFM 4 192 0 References • The City would be a valued client for PFM and the firm would be fully committed to providing a senior level team, including team members from both our Alabama based and our national utility practice. • PFM's goals is to be considered an extension of staff, serving as a strategic partner in evaluating and assisting the City with this and any other projects as requested • Please see below contact information for references of communities within Alabama that have trusted PFM as their strategic partner ©PFM City of Mobile Gulf Shores Utilities Board Celia Sapp, Interim Finance Director 251-208-7803 sappc@cityofmobile.org Rhonda Butler, General Manager 251-968-6323 x3336 gsurbutler@gmail.com Huntsville Utilities City of Auburn Melissa Marty, Chief Financial Officer 256-535-1295 Melissa.marty@hsvutil.org Allison Edge , Finance Director/Treasurer 334-501-7221 aedge@auburnalabama.org 5 193 194 ISSUING MUNICIPAL SECURITIES -iif MSRB What to Expect from Your Municipal Advisor Many state and local governments and other municipal securities issuers choose to hire a municipal advisor. As a result of the Dodd- Frank Wall Street Reform and Consumer Protection Act, municipal entities are now protected by a set of rules established for municipal advisors by the Munic ipal Securities Rulemaking Board (MSRB). The MSRB's jurisdiction was expanded to include the regulation of municipal advisors that provide advice to municipal entities. In addition to other rules, as of June 23, 2016, municipal advisors are required to follow certain standards of conduct when engaging with their municipal entity clients. The MSRB believes that these standards will empower municipal entities and obligated persons in their relationships with their municipal advisors. MSRB Rule G-42 on Duties of Non-Solicitor Municipal Advisors (Rule G-42) establishes standards of conduct for municipal advisors engaging in municipal advisory activities, other than municipal advisory solicitation activities. more>> This document provides only a brief overview of MSRB Rule G-42 . Issuers shou ld re fer to the text of Rule G-42, MSRB Notice 2016-03 (January 13, 2016) and related materials on the MSRB's website fo r more information on the rule, other MSRB ru les and rulemaking initiatives, and additional educational material s. Subscribe to issuer education and EMMA email 1,1pslates from the MSRB. C Munici pal Securi t ies Rul e ma ki ng Bo ard 2016.1 195 Rule G-42 also establishes requirements for many aspects of the relationship between you , as the client, and your municipal advisor by addressing the disclosure of conflicts of interest, documentation of the relationship, recommendations and conduct that is specifically prohibited . When a municipa l advisor's client is a state or local government or another governmental entity to which the municipal advisor owes a duty of loyalty, Rule G -42 also prohibits the mun icipal advisor and its affiliates from engaging i n certain pri ncipal transactions with the client. Municipal entities and conduit borrowers that choose to retain a municipal advisor should be aware of the protections provided under Rule G-42. Considerations Rule G-42 establishes core standards of conduct for municipa l advisors engaging in mun icipal advisory activities , with the exception of mun icipal advisory solicitation activities. Duty of Care When performing municipal advisory activities for a municipal entity client or an obligated person client, a mun icipa l advisor must act i n acco rdance with a duty of care . For example, a municipal advisor acting with a duty of care must: • Possess the degree of knowledge and expertise needed to provide a client informed advice; • Make a reasonab le inquiry as to the facts that are relevant to a client's determination as to whether to proceed with a course of action, such as the issuance of securities, or the tim i ng and particular instruments to be used in the investment of bond proceeds; • Make a reasonable inquiry as to the facts that form the basis for any advice the municipal advisor provides to a client, such as facts that a municipal advisor might obtain from an expert or consultant hired by the client to provide advice on a potential issuance of securities to be pa id by a specified revenue stream; and • Have a reasonable basis for any advi ce provided to a client.1 W hat to Expect from Yo ur Municipal Advisor Duty of Loyalty A municipal advisor that advises a municipal entity regarding the issuance of municipal securities or municipa l financial products is a f iduciary to its municipa l entity client. As such, the municipal advisor is subject to a duty of loyalty. The duty of loyalty requires a municipal advisor to deal honestly and with the utmost good faith and act in the client's best interests without regard t o the financial or other interests of the municipal advisor. In addition, the municipal advisor may not engage in municipal advisory activities for or on behalf of a municipa l entity client if the municipa l advisor cannot manage or mitigate its conflicts of interest in a manner that will permit it to act in the municipal entity client's best i nterests.2 A municipal entity or an obligated person client may agree w ith its municipal advisor to limit the scope of the mun icipa l advisory activities the municipal advisor w i ll perform , specifying the particula r services or activities to be provided by the municipal advisor. However, a municipal advisor cannot alter the duties it owes to its c li ents under the duty of care, and if applicable, the duty of loyalty.3 Municipal advisors are also subject to other duties and obligations under state and federal laws, and other MSRB rules . For example , under state or other federal laws, your municipal advisor may be subject to fiduciary or other duties. Rule G-42 does not supersede such provisions . Under MSRB Rule G-17, a municipal advisor is subject to a duty of fair dealing and is pro hib ited in the conduct of its municipal advisory activities from engaging in any deceptive , d ishonest or unfair practice . Disclosure of Conflicts of Interest and Other Information Knowing that your municipal advisor is required to disclose material conflicts of interest to you is one of the most important protections you have in eva lu ating whether the municipal advisor is an appropriate advisor for you . Rule G-42 requires a municipal advisor to make full and fair disclosure, i n writing, of all material conflicts of interest and all legal and disciplinary events that are material to a client's evaluation of a mun icipal advisor, including the integrity of its management and advisory personnel. The disclosures must be provided 2 196 to you by the municipal advisor prior to or upon engaging in municipal advisory activities for you or on your behalf. Regarding confl icts of interest, a municipal advisor must disclose: • Any affiliate of the municipal advisor that provides any advice, service or product to or on behalf of the client that is directly related to the municipal advisory activities to be performed by the disclosing municipal advisor; • Any payments made by the municipal advisor, directly or indirectly, to obtain or reta in an engagement to perform municipal advisory activities for the client ; • Any payments received by the municipal adviso r from a third party to enlist the municipal advisor's recommend ation to the client of its services, any municipal securities transaction or any municipal financial product; • Any fee-splitting arrangements involving the municipal advisor and any provider of investments or services to the client; • Any conflicts of interest arising from compensation for municipal advisory activities to be performed that is contingent on the size or closing of any transaction as to which the municipal advisor is providing advice; and • Any other actual or potential conflicts of interest, which a municipal advisor is aware of after reasonable inquiry, that cou ld reasonably be anticipated to impair the municipal advisor's ability to provide advice in accordance with the standards established by the rule . If, after reasonable diligence, a municipal advisor determines that it has no known material conflicts of interest to disclose, the municipal advisor must notify the client of this determ i nation in writing. A municipal advisor must also disclose any legal or disciplinary event that is material to the client's evaluation of the municipal advisor or the integrity of its management or advisory personnel. Provisions i n Rule G-42 facilitate the use of existing public records to make the disclosures regarding these legal and disciplinary events to you in a cost-effective manner. Wha t lo Expect from Your Municipa l Adv isor Make sure your municipal advisor provides you the disclosures in writing and in a manner designed to make clear the subject matter of the disclosures and their implications. To further protect a municipal advisor's client, the d isclosures must includ e an explanation of how the municipal advisor addresses, or intends to manage or mitigate, each conflict.4 Documentation of the Municipal Advisory Relationship Rule G-42 requires your municipal advisor to document its municipal advisory relationship with you in writing, and the documentation must be dated and delivered to you prior to, upon or promptly after you and your municipal advisor establish your municipal advisory relationship. This ensures that both you and the municipal advisor have clear expectations about the activ ities to be performed . The documentation must include certain information and aspects of the relationship : • The scope of municipal advisory activities to be performed; • Disclosures of conflicts of interest and legal and disciplinary events of the same scope as described above in "Disclosure to You of Conflicts of Interest and Other Information;" • A description of specific types of information regardin g legal and disciplinary events requested by SEC Forms MA and MA-I, deta iled information specifying where the client may e lectroni cal ly access the most recent SEC forms, the date of the last material change or addition to the legal and disciplin ary events disclosures on the SEC forms, and a brief explanation of the materiality of the amended portion of the SEC form; • Limitations, if any, on the scope of the engagement; and • The date, triggering event or other means providing for the termination of the municipal advisory relatio nship. Rule G-42 does not require that the relationship documentation be a formal contract. For example, if state law provides for the procurement of municipal advisory services in a manner that does not require written documentation that is suffici ent to establish a formal contract, your municipal advisor may send you 197 a written document that references the procurement document and contains the terms and disclosures required by Rule G-42, to document its municipal advisory relationship with you . After the relationsh i p is documented, your municipal advisor must update the documentation to reflect any material changes or additions to the information (e .g ., update to add a new material conflict of interest).5 Inadvertent Advice If a person inadvertently engages in municipal advisory activities for you or on your behalf but does not intend to continue to do so or to enter into a municipal advisory relationship with you, the person is still considered a municipal advisor. However, in the event a municipal advisor inadvertently provides advice, the municipal advisor may be relieved from the conflicts of interest disclosures and relationship documentation requirements if it promptly, after the discovery of the inadvertent advice, provides a document to the municipal entity or obligated person that is d ated and includes certain information . The document provided to the municipal entity or obligated person should include: • A disclaimer that the munic ipal advisor did not intend to provide advice and that effective immediately, it has ceased engaging i n municipal advisory activities in regard to all transactions and municipal financi al products to which advice was inadvertently provided; • A notification that such municipal entity or obligated person should be aware that the disclosure of material conflicts of interest and other information as required by Rule G-42(b) has not been provided; • An identification of all the advice that was inadvertently provided, based on a reasonable investigation; and • A request that t he municipa l entity or ob l igated person acknowledges receipt of the document. A mun icipal advisor that satisfies these requirements regarding inadvertent advice is not required to provide disclosures of conflicts of interest and other information under Rule G-42(b) and relationship documentation under Rule G-42(c) to you, but it remains subject to all other provisions of the rule .6 What to Expe ct fr om Your Munici pa l Adviso r Evaluating Your Municipal Advisor's Recommendations If making a recommendation to you, a municipal advisor must have a reasonable basis to believe that the recommendat ion is suitable for you, based on information obtained through the reasonable diligence of the municipal advisor. If a client requests a municipal adviso r to review the recommendation of another person and the review is within the scope of the engagement, the municipal advisor must determine, based on the information obtained through the reasonable diligence of the municipal advisor, whether the municipal securities transaction or municipal financia l product is, or is not, suitable for the client. For both types of review, the municipal advisor must inform you, the client, of: • The municipal advisor's evaluation of the material risks, potential benefits, structure and other characteristics of the recommended municipal securities transaction or mun icipal financial product; • The basis upon which the municipal advisor reasonab ly believes the recommended transaction or product is suitable for the client; • If reviewing recommendation made by another to the client, the basis upon wh ich the municipal advisor reasonably believes the recommended transaction or product is or is not suitable for the client; and • Whether the municipal advisor has investigated or considered other reasonably feasible a lternatives that might also or alternatively serve its client's objectives. Rule G-42 does not prescribe the method by which such information must be communicated to you . Your municipal advisor may choose how to do so, as long as the method of communication is consistent with the municipal advisor's obligation to act in accordance with the duty of care, and, if applicable, the duty of loyalty, the municipal advisor owes you . In making a suitability determination, a municipal advisor must consider numerous factors that are applicable to you, and any other material information known by the municipal advisor about you and the municipal securities transact ion or municipal financial product, after reasonable inquiry. The rule provides a non-exclusive list of factors that may be relevant 198 to your municipal advisor in making a suitability determination, including: • Your financia l situation, objectives, tax status, risk tolerance and liquidity needs; • Your experience with municipal securities transactions or municipal financial products generally or of the type and complexity being recommended; and • Your financ ial capacity to withstand changes in market conditions during the period the instrument is reasonably expected to be outstanding .7 A municipal advisor is required to "know the client," which means it must use reasonable diligence to know and retain the essential factors concerning a client, including persons having authority to act on behalf of the client. The facts "essential" to "knowing a client" include those required to: • Effectively service the municipal advisory relationship with the client; • Act in accordance with any special directions from the client; • Understand the authority of each person acting on behalf of the client; and • Comply with applicable laws, regulations and rules .8 Specifically Prohibited Activity Rule G-42 specifically prohibits a munici pal advisor from : • Rece iving excessive compensation ;9 • Delivering in accurate invoices for fees or expenses; • Making false or misleading representations to you about the municipal advisor's resources, capacity or knowledge ; • Participating in fee-splitting arrangements with an underwriter of the same transaction for which the municipal advisor is providing advice to you , and participating in any undisclosed fee-splitting arrangements with providers of investm ents or services to you, as the client of the municipal advisor; and • Making payments for the purpose of obtaining or retaining an engagement to perform municipal advisory activities, with certain identified exceptions. What to Expect from Your Munic ipal Adv isor Prohibited Principal Transactions For municipal entities, a municipal advisor and any affi liate are prohibited from engaging in a princi pal transaction with the municipal entity that is the same or directly related to the issue of municipal securities or municipal financial product for which the municipal advisor is providing or has provided advice . An exception exists for certain fixed i ncome securities transactions . The specified ban on principal transactions applies only to principal transactions between a municipal advisor (or its affiliate) and a municipal entity client. The ban does not apply to principal transactions between a municipal advisor (or its affiliate) and an obligated person client, although i n a transaction with an obligated person client, a municipa l advisor must rema i n cognizant of, and comply with, for example, the broad duties of care and fair dealing that apply to all of a munic ipal advisor's municipal advisory activities for an obl igated pe rson client. "Principal transaction" includes sales or purchases of any security or entrance into any derivative, guaranteed investment contract or other similar financial product. Certain bank loans of $1 million or more may be an "other similar financial product."10 An exception exists for certain fixed income securities transactions executed in a principal capacity by a mun ici pal advisor with its municipal entity client.11 The exception is subject to several conditions and limitations, which should be carefully reviewed (e .g ., the exception does not apply to the affiliates of a municipal advisor and does not apply to transactions involving municipal escrow investments). Additional key terms, including the fixed inco me securities that may be purchased or sold using the exception are defined .12 The exception provides a municipal advisor with two options under which the municipa l advisor is not specifically proh i bited from engaging in f ixed income securities principal transactions with a municipal entity client. • The first option permits a municipal advisor to make the requisite disclosures on a transaction- by-transaction basis, while following a short set of procedural requirements. 199 • The second option allows the municipal advisor to make the requisite disclosures on an other than t ran sact ion-by-transaction bas is, but the municipal advisor is subject to more procedu ral requirements, including a requirement to obtain prospective blanket written consent from the municipal entity client to execute such fixed income securities transactions as principal. Although the exception removes certain principal transactions in fixed income securities from the specified prohibition in Rule G-42, the municipal advisor must remain cogn izant of, a nd comply w ith, its broad fi duciary duty that applies to all of its conduct with a municipal entity client. Other Matters Municipal advisors also may be subject to fiduciary or other duties under state or other laws . Rule G-42 does not supe rsed e, for example, any more restrictive state or other federal law regard i ng fiduciaries .13 Rule G-42 applies to municipal advisors that advise sponsors or trustees of 529 college sav i ngs plans or similar plans or funds involving municipal fund secu rities .14 What to Ex pect from Your M un icip al Adv isor 1 Rule G-42 includes Supplemental Material. Paragraph .01 of the Supplementa l Material provides guidance rega rding the duty of care . 2 Paragraph .02 of the Supplementa l Mate ria l provides gu idance regard ing the duty of loyalty. 3 Paragraph .04 of the Supplemental Material conta ins additio nal information regarding limitations on the scope of a municipal advisory engagement. ' Pa ragraph .05 of the Supplementa l Ma t eria l contains add it ional information regard ing the obligations of a municipal adv isor to d isclos e conflicts of in terest. 5 Paragraph .06 of the Supp lementa l Mat erial provides gu idance regard ing the requ irement to supplement or amend the documentation of the relationship of a municipal adv isor and its cl ient. • Pa ragraph .07 of the Supplementa l Mate rial contains add it ional information reg arding the requirements in connection with the provision of inad vertent advice. 7 Paragraph .09 of the Supplementa l Material provides add it ional information regarding the making of a suitability determ ination. 8 Paragraph .10 of the Supplementa l Ma t erial discusses the requ irement to "Know You r Cl ient." 9 Paragraph .11 of the Supplementa l Material includes factors that may be relevant in determin ing if excessi ve co mpensation is requ ested or charged . 10 See paragraph .13 of the Supplementa l Material regard ing the characteriza t ion of a bank loan as an "other si mila r financ ial product." 11 Paragraph .14 of the Supplemental Material sets forth the scope of the exception to the ban on princ ipa l t ransactions in Ru le G-42(e) and the req ui rements and conditions that apply when a mun icipal advisor see ks to use the exception . 12 See paragraph .1 5 of the Supplemental Material for defin it ions of key terms applicable to the exception . 13 See paragraph .08 of the Supplemental Material. " See paragraph .12 of the Supplemental Materia l. 6 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217