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HomeMy WebLinkAbout12-27-1999 Regular Meeting2405 STATE OF ALABAMA 1�'P COUNTY OF BALDWIN )( THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 27 DECEMBER 1 999. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, JEANETTE PUCKETT, WILLIAM H. JONES; CITY CLERK GENIECE W. JOHNSON. COUNCILMEMBER DEBBIE W. QUINN, AND CITY ATTORNEY MARION E. WYNNE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER DUCK MOVED TO APPROVED MINUTES OF THE 1 3 DECEMBER 1999, REGULAR MEETING. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK INTRODUCED THE FOLLOWING RESOLUTION IN WRITING, AND MOVED FOR ITS ADOPTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE - DUCK, FORD, NIX, PUCKETT, AND JONES. NAY -NONE. RESOLUTION NO. 675-99 THIS AGREEMENT made this 14" day of December, 1999 by and between City of Fairhope, Alabama ("Client") and Gould Evans Goodman Associates, Lc a Missouri Corporation ("Consultant"). WITNESSETH WHEREAS, the Client desires to engage the Consultant to render certain agreed upon professional planning services for the preparation of the Fairhope Comprehensive Plan, and the Consultant is willing to provide such services, all upon the terms set forth below. NOW THEREFORE, in consideration of these promises, the parties hereto agree as follows: 1. Scone of Services: The Consultant will undertake the services described in Exhibit A: Scope of services 2. Time and Performances: The Consultant's services shall commence with the Client's execution of this agreement. Once approved by the Client, the Consultant shall complete the task described above in approximately the (10) months from the date of execution of this Agreement. 2406 27 DECEMBER 1999 The Consultant will exercise reasonable skill, care and diligence in the performance of its services, and will carry out its responsibilities in accordance with the customarily accepted planning practices in Consultant's community. The Client shall be responsible for the timely delivered of data and support information requested by the Consultant in a manner that will allow the Consultant the ability to perform it services within the time frame noted above. No warranty, express or implied, is included in this Agreement or in any drawing, specification, report or opinion produced pursuant to this Agreement. 3. Compensation: The Consultant shall be compensated a fixed fee of $44,850.00 plus reimbursable expenses. Consultant will bill on a monthly basis based upon percentage completion of the project phases identified in Exhibit A, up to the maximum fee stated above. Additional services may be provided by the consultant, based on a mutually agreeable scope of services and compensation, plus reimbursable expenses. 4. Payment: The Client shall pay the amount due within 30 days after receipt of consultant's invoice. If the invoice is not paid within 30 days, the Consultant may suspend services upon written notice to the Client. The Client shall reimburse any costs incurred by the Consultant in collecting delinquent amount, including reasonable attorney's fees. If a portion of the Consultant's statement is disputed, the Client shall pay the undisputed portion by the due date. The Client shall advise the consultant in writing of the basis for any disputed portions of the statement. 5. Time and Expense Records: The Consultant shall keep and maintain time and expense records relating to the scope of service described above, together with supporting receipts, vouchers, and appropriate documentation. As necessary, these records and other appropriate documentation may be required to support invoices submitted to the City. The Client shall have the right to examine such records as it deems necessary upon reasonable notice to the Consultant. 6. Authorization of Changes: Any changes or additional tasks required for the performance of this Agreement and any compensation due for the provision of additional services shall only be authorized by the Client, and the consultant shall first request such changes win writing. The consultant shall be compensated for any additional tasks so approved and authorized, based upon a fee determined by the consultant and Client for such additional professional services. 7. Liabili : The client agrees to indemnify and hold harmless the consultant, its staff and employees and affiliates from any and all losses os whatever kind to the extent caused by Client's negligent acts or failure to act in performance of this Agreement. 8. Disputes/Termination: Each party may terminate this Agreement with ten(10) days' written notice to the other party. In the event of such termination the client shall pay the Consultant its compensation and expenses to and through the actual date of termination, as well as any reasonable expense incurred as a consequence of terminating this Project, upon documentation of those costa by written invoice to the Client. 9. Ownership of Documents: All original final documents, studies or graphic materials, drawings, plans and digital files prepared by the consultant shall be deemed property of the Client except as to confidential matters or trade secrets of the Consultant, but only after the final payment by the Client for the same. 10. Confidentiality of Findings: Any reports, information, data or intellectual property whatsoever given or prepared as assembled by the consultant under this Agreement shall not be made available to any individual or organization by the Consultant without the prior approval of the Client. 11. Public Relations: consultant shall have the right to retain and utilize copies of all work it produces on the Project for citation and dissemination in the consultant's resume, brochures and other generally recognized forms of professional public relations. 2407 27 DECEMBER 1999 12. Extent of Agreement: This Agreement represents the entire and integrated agreement between the Client and consultant and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by both the Client and Consultant. 13. Severability: Should any of the provisions of this Agreement be determined to violate any state law or City ordinance, that shall not affect the validity of the other terms of this Agreement and there shall be added to this Agreement a legal, valid or enforceable term or provision as similar as possible to the stricken provision. 14. Applicable Law: Parties agree that Missouri law is controlling in interpreting this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused that Agreement to be executed as of the day and year first written above. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor James P. Nix is authorized to sign a Agreement between the City of Fairhope and Gould Evans Goodman Associates, LC. Approved and Adopted this 27' )y of December, 1999. nt James f. Nix, Mayor "Attes Geniece W. Johnson, C erk COUNCILMEMBER PUCKETT INTRODUCED THE FOLLOWING RESOLUTION IN WRITING, AND MOVED FOR ITS ADOPTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, NIX, PUCKETT, AND JONES. NAY -NONE. RESOLUTION NO. 676-99 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA that Mayor James P. Nix is hereby authorized to enter into a RELEASE AND HOLD HARMLESS AGREEMENT between the CITY OF FAIRHOPE AND COMMUNITY SENIOR LIFE, INC. Approved and Adopted this 27`h Day of December , 1999. Attest: Geniece W. Johnson, Cxinerk vv 2408 27 DECEMBER 1999 .`. COUNCILMEMBER JONES MOVE TO APPROVE CHANGE ORDER REQUEST #i I , BY MORGAN DREDGING & PILE DRIVING, INC., AN INCREASE OF $ 1 5,6 1 4.00 ON THE FAIRHOPE MUNICIPAL PIER. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. CHRISTOPHER BAKER ADDRESSED THE CITY COUNCIL ON BEHALF OF MARDI GRAS MGS BRITISH CAR CLUB, REQUESTING PERMISSION TO HAVE A DISPLAY OF APPROXIMATELY 8 TO 10 BRITISH CARS ON SATURDAY, 1 8 MARCH 2O00, FROM 8:00 AM UNTIL 2:00 PM AT THE NORTHEAST CORNER OF FAIRHOPE AVENUE AND BANCROFT STREET, DIRECTLY ACROSS FROM FAULKNER COMMUNITY COLLEGE ON THE GRASS AREA. COUNCILMEMBER JONES MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO GRANT THE REQUEST OF SOUTH ALABAMA BRITISH CAR CLUB TO CONDUCT THEIR I OTH ANNUAL BRITISH CAR FESTIVAL AT FAIRHOPE BEACH PARK ON SATURDAY, 7 OCTOBER 2000, FROM 7:00 AM UNTIL 4:00 PM. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK INTRODUCED THE FOLLOWING RESOLUTION IN WRITING, AND MOVED FOR ITS ADOPTION. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE - DUCK, FORD, NIX, PUCKETT, AND JONES. NAY -NONE. 27 DECEMBER 1999 Resolution No. 677-99 2409 This resolution is made this 27's day of December, 1999, (the effective date) by the City of Fairhope (the Granting Authority), to grant a tax abatement for David I. Oreck (Owner), and Keathley Aviation ( Company - Leasee) WHEREAS, the Company has announced plans for a new project, located within the jurisdiction of the Granting Authority; and, WHEREAS, pursuant to the Tax Incentive Reform Act of 1992 (Section 40-913-1 et seq., Code of Alabama 1975) (the Act). The Company has requested from the Granting Authority an Abatement of all state and local non- educational ad valorem taxes, and all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education; and, WHEREAS, the Company has requested that the abatement of state and local non -educational ad valorem taxes (if applicable) be extended for a period of three (3) years, in accordance with the Act; and, WHEREAS, the Granting Authority has considered the request of the Company and the completed applications (copy attached) filed with the Granting Authority by the Company, in connection with its request; and, WHEREAS, the Granting Authority has found the information contained in the Company's application to be sufficient to permit the Grant Authority to make a reasonable cost/benefit analysis of the proposed project and to determine the economic benefits to the community; and, WHEREAS, the construction of the project will involve a capital investment of approximately $ and, WHEREAS, the Company is duly qualified to do business in the State of Alabama, and has powers to enter into, and to perform and observe the agreements and covenants on its part contained in the Tax Abatement Agreement; and, WHEREAS, the Granting Authority represents and warrants to the Company that it has power under that construction and laws of the State of Alabama (including particularly the provisions of the Act) to carry out provisions of the Tax Abatement Agreement; NOW THEREFORE, be it resolved by the Granting Authority as Follows: Section 1. Approval is hereby given to the application of the Company and abatement is hereby granted of all state and local non -educational ad valorem taxes, and all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education; and/or as the same may apply to the fullest extent permitted by the Act. The period of abatement for the non -educational ad valorem taxes (if applicable) shall extend for a period of three (3) years measured as provided in Section 40-913-3(h) of the Act. Section 2. The governing body of the Granting Authority is authorized to enter into an abatement agreement with the Company to provide for the abatement granted in Section 1. Section 3. A certified copy of this resolution, with the application and abatement agreement, shall be forwarded to the Company to deliver to the appropriate local taxing authorities (if applicable) and to the Alabama Department of Revenue in accordance with the Act. Section 4. The governing body of the Granting Authority is authorized to take any and all actions necessary or desirable to accomplish the purpose of the foregoing of this resolution. I hereby certify that the above and foregoing was duly on the 27's day of December, 1999. Attest: Geniece W. Johnson, City C by the City of Fairhope of Alabama at a meeting held 2410 27 DECEMBER 1999 4D"i COUNCILMEMBER JONES MOVED TO UPDATE THE VOLUNTEER FIREMAN ROSTER, AND APPROVE INSURANCE COVERAGE BY ADDING: JEREMY DAVIS AND LOUTS WILLIAMS. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO UPDATE THE RESERVE POLICE OFFICER ROSTER, AND APPROVE INSURANCE COVERAGE BY ADDING: JEREMY ANDERSON AND CHAD LITTLE AND BY DELETING: GARY BANKS. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO APPOINTMENT ROBERT GENTLE ON THE PLANNING AND ZONING COMMISSION FOR A 6-YEAR TERM. MR. GENTLE WILL REPLACE MR. BUDDY RICHMOND. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL THE MEETING WAS DULY ADJOURNED AT 5:44 P.M.