342 MINUTE BOOK! 93 MOUNTAIN BROOK CITY COUNCIL PRE-MEETING, DISCUSSION JUNE: 10, 2024 [Asaconvenience, members oft the public were invited to listen and observe int the public meeting by Internet The City Council oft the City ofl Mountain Brook, Alabama meti informally in-person at 6:30 p.m. on the 10th day ofN May, 2024 (others were: allowed tol listen to the meeting by way of Internet video conference, one virtual attendee). Council President Virginia Smith called thej pre-meeting to order and the roll was called video conference-1 virtual attendees.] with the: following results: Present: Virginia C. Smith, Council President William S. Pritchard III, Council President Pro Tempore Graham L. Smith Gerald A. Garner Lloyd C. Shelton Stewart Welch III, Mayor Absent: None Also present were City Attorney Whit Colvin, City Manager Sam Gaston, and City Clerk Heather Richards. 1. AGENDA 1. Introduced special guest (Boy Scout) Spencer Brown with Troup 63 out ofCanterbury United Methodist Church Working on community in service badge 2. Traffic Island Beautification project on Stoneridge Drive Shanda Williams-Parks and Recreation Superintendent There are a variety of plants that need tol be replaced Recreation Board) to design a more simple plan At tree will be added later in the: fall Thisi is a budgeted project Virginia Smith-Council President Worked with thel homeowners, Aimee Reese, and] Helen. Drennen (from the Park and Item added to thei formal agenda (Resolution 2024-091) 3. Contract with Nimrod Long Associates to design the last section ofs sidewalk connection on Locksley Drive Sam Gaston-City Manager ofNorth Woodridge This would complete the loop Willl have a pre-construction meeting with CB&A to start sidewalk projects on the south side Public Works will soon start on Warrington Road going north This will leave around twol lots that have retaining walli issues J:Minutes & Agendas/Council20240610: Minutes.docx June 10, 2024 MINUTE: BOOK 94 343 Asked Nimrod Long and Associates toj prepare proposal to finish last section next year Virginia Smith-Council President Item added to the formal agenda (Resolution 2024-087) 4. Review oft the other matters to be considered at the formal (7:00p.m.) meeting 2. EXECUTIVE SESSION AND ADJOURNMENT Council President Virginia Smith made ai motion that the City Council convenes in executive session to discuss matters ofreal estate and that the City Council shall reconvene upon conclusion of the executive session to1 thei formal meeting. The City Attorney certified that the subject matters were allowed tol be discussed in executive pursuant to. Alabama Law. The motion was seconded by Council Member Gerald Garner. Then, upon the question being put and the roll called, the vote was recorded as follows: Ayes: Virginia C. Smith William S. Pritchard III Graham L. Smith Lloyd C. Shelton Gerald A. Garner None Nays: There being no further matters for discussion Council President Virginia Smith adjourned the pre-meeting at approximately 6:39 pm. CERTIFICATION 3. I,Heather Richards, City Clerk oft the City ofl Mountain Brook, Alabama, certify the above is atrue and correct synopsis ofthe discussion from the regular session of the City Council oft the City of Mountain Brook, Alabama held at City Hall, Pre-Council Room (A-106) on June 10, 2024, and that the meeting was duly called and held in all respects in accordance with the laws oft the State of Alabama and bylaws oft the City and that no formal action or votes were conducted at said work session. City Clerk, Approved by City Council June 24, 2024 J:Minutes & AsmasCamaldDA0.4DA Minutes. docx June 10, 2024 344 MINUTE BOOK93 MINUTES OF' THE REGULAR MEETING OFTHE CITY COUNCIL OF THE CITY OF MOUNTAIN BROOK JUNE: 10,2024 [Asac convenience, members ofthe public were invited tol listen and observe in the public meeting by) Internet The City Council of the City ofl Mountain Brook, Alabama met inj person at 7:00 p.m. on the 10th day of. June, 2024 (others were allowed tol listen to the meeting by way ofInternet video conference-1 virtual attendee). Council President Virginia Smith called the meeting to order, and the roll was called with the video conference-1 virtual attendee.] following results: Present: Virginia C. Smith, Council President William S. Pritchard III, Council President Pro Tempore Lloyd C. Shelton Graham L. Smith Gerald A. Garner Stewart Welch III, Mayor Absent: None Also present were City Attorney Whit Colvin, City Manager Sam Gaston, and City Clerk Heather The Council President Virginia Smith stated that a quorum was present and that the meeting was open Richards. fort the transaction oft business 1. INTRODUCTION OF SPECIAL GUESTS (BOY SCOUTS) Henry Retherford Troup 63 out of Canterbury United Methodist Church Working on Citizenship in Community badge Pryor Roberts Troup 63 out ofCanterbury United Methodist Church Working on Citizenship in Community badge 2. CONSENT AGENDA Council President Virginia Smith announced that the following matters willl be considered at Approval of the minutes oft thel May 13, 2024, regular meeting of the City Council Approval oft the minutes oft thel May 21, 2024, special meeting of the City Council 2024-085 2024 "Back to School" Sales Tax Holiday, July 19-21,2021 2024-086 Execute an agreement with thel Fire Department and UAB PEM one time on the consent agenda provided no one in attendance objects: Exhibit1, Appendix 1 Exhibit2, Appendix 2 with respect to the change ofr medical directors JMinutes & AgemdslCoumai12024202420240610Mmuesdox June 10, 2024 MINUTE BOOK94 345 2024-087 Accept the proposal submitted by Nimrod Long and Associates 2024-088 Execute an agreement with Cardinal Technology Consulting 2024-089 Execute an agreement with Trobaugh and Company LLC with 2024-090 Authorize the sale or disposal of surplus property Exhibit3, Appendix3 Exhibit4 4, Appendix 4 Exhibit 5, Appendix 5 Exhibit6 6, Appendix 6 Exhibit7, Appendix7 7 for the Locksley Drive Sidewalk Project Services of Alabama with respect to AT&T related issues respect to tax and license auditing services 2024-091 Approve the beautification improvements on Stoneridge Drive traffic island Thereupon, the foregoing minutes and resolutions (Nos. 2024-085 through 2024-091), were introduced by Council President Virginia Smith and a motion fort their immediate adoption made by Council Member Lloyd Shelton. Thei minutes and resolutions were then considered by the City Council. Council Member Gerald Garner seconded the motion to adopt the foregoing minutes and resolutions. Then, upon the question being put and the roll called, the vote was recorded as follows: Ayes: Virginia C. Smith William S. Pritchard III Graham L. Smith Lloyd C. Shelton Gerald. A. Garner None None Nays: Abstained: Council President Virginia Smith thereupon declared that said minutes and resolutions (Nos. 2024-085 through 2024-091) were adopted by a vote of5-0a and as evidence thereof] he signed the same. 3. 4. COMMENTS FROM: RESIDENCES AND. ATTENDEES (There were no public comments) ANNOUNCEMENT June 24, 2024, 7:00p.m. ADJOURNMENT Council President Virginia Smith announced the next regular meeting of the City Council is 5. There being no further matters for discussion Council President Virginia Smith adjourned the formal meeting at approximately 7:02 pm. 6. CERTIFICATION ,Heather Richards, City Clerk oft the City ofl Mountain Brook, Alabama, certify the above is at true and correct transcript oft the regular meeting oft the City Council of the City of Mountain Brook, J:Minutes & AsmalaComai00,028a0 Minutes.docx June 10,2 2024 346 MINUTE BOOK93 Alabama held at City Hall, Council Chamber (Room A-108) on. June 10, 2024, and that thei meeting was duly called and held in all respects in accordance withi the laws oft the State of Alabama and bylaws ofthe City and that a quorum was present. City Clerk Approved by City Council June 24, 2024 EXHBIT1 RESOLUTION NO. 2024-085 BEI IT RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that beginning at 12:01 a.m. on Friday, July 19, 2024, and ending at twelve midnight on Sunday, July 21, 2024, the City of Mountain Brook will exempt certain school supplies, computers, and clothing from municipal sales or use tax. Said sales and use tax exemption shall conform with respect to the time period, terms and conditions, and definitions as provided fort the Back-to-School" Sales Tax Holiday. BE: ITI FURTHER RESOLVED by the City Council ofthe City ofl Mountain Brook, Alabama, that the City Clerk is hereby instructed to send a certified copy oft this resolution to1 the Alabama Department of Revenue, Attention: Pamela Spears, Sales, Use & Business Tax Division, Post Officel Box 327900, Montgomery, Alabama 36132-7900, pspears@revenue.alabamagov), or fax (334)242-8916: as required by Sales Tax Holiday Rule 810-6-3-.65 and Code of Alabama 1975,811- 51-210(e). APPENDIX1 EXHIBIT2 RESOLUTION NO. 2024-086 BEI ITI RESOLVED by the City Council of the City ofl Mountain Brook, Alabama, that the Mountain Brook Fire Chiefofthe City is hereby authorized and directed, for and on behalfo ofthe City, to execute an. Agreement for the change in medical directors between thel Mountain Brook Fire Department and UABI PEM, in thei form as attached hereto as Exhibit A APPENDIX2 EXHIBIT3 RESOLUTION: NO. 2024-087 BEI ITI RESOLVED by the City Council of the City of Mountain Brook, Alabama, that the City Council hereby accepts the proposal submitted by Nimrod Long and Associates, in the form as attached hereto as Exhibit A, with: respect to thel Locksley Drive Sidewalk Project. BEI IT FURTHER RESOLVED by the City Council oft the City ofl Mountain Brook, Alabama, that the City Council hereby authorizes the City Manager, or his designee, to issue a JMinutes & AsmaCamaindipAcm.0sio Minutes. docx June 10,2 2024 MINUTE BOOK94 347 purchase order and to execute such other documents that may be determined necessary with respect to said project. APPENDIX3 EXHIBIT4 RESOLUTION NO. 2024-088 BEI IT RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that the City Council hereby authorizes either the Mayor or City Manager to execute a consulting agreement with Cardinal Technology Consulting Services of Alabama, in the form as attached hereto as Exhibit A, with respect to AT&T related issues. APPENDIX4 4 EXHIBIT 5 RESOLUTION NO. 2024-089 BE: ITI RESOLVED by the City Council ofthe City ofl Mountain Brook, Alabama, that the City Council hereby authorizes the execution of an agreement between the City and Trobaugh and Company, LLC, int the form as attached hereto as Exhibit A subject to such minor changes as may be determined appropriate as evidenced by the execution oft the agreement, with respect to tax and liçense auditing services. APPENDIX5 EXHIBIT6 RESOLUTION NO. 2024-090 WHEREAS, the City of Mountain Brook, Alabama, has certain items of personal property WHEREAS, Section 11-43-56 ofi the Alabama Code of 1975 authorizes the municipal NOW,THEREFORE, BEI ITI RESOLVED by the City Council of the City of Mountain Section 1. Iti is hereby established and declared that the followingi property, as described in the form as attached hereto asl Exhibit A, owned by the City ofl Mountain Brook, Alabama arei no longer needed for public or municipal purposes and is hereby declared surplus property; and Section 2. That the City Manager, or his designated representative, is hereby authorized and directed to sell said property by way of public Internet auction or to dispose ofs said items not sold. which are: no longer needed for public or municipal purposes; and governing body to dispose of unneeded personal property. Brook, as follows: APPENDIX6 J:Minutes & Agendas/Council202420240610. Minutes. docx June 10, 2024 348 MINUTE BOOK93 EXHIBIT7 RESOLUTION NO.2024-091 BEI ITI RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that the City Council hereby authorizes City Manager to pay, or cause to be paid for and on behalfoft the City, up to $2,400.00 for materials and provide City labor and equipment toi install beautification improvements on Stoneridge Drive traffic island as illustrated in Exhibit. A attached hereto. APPENDIX7 JMinutes &A AsmaaCamaldp0DA.o Minutes.docx June 10, 2024 an rOOKS Mai- Participating? Sendacertifiede copyofanyn resolufon, ordinance. ora Not Civ/lown/County)ot Participating? Send an emall, fax or letter (with signature line) stating: The holiday." ltisi Important thaty youir informu will us not ofthat be participatingi fact, otherwise, int the retailers 2024 Back-to-Schcol andt the publiow Sales tax youarep participating andf forgott tor notifyt the Departmento Retallers and the public rely an the i provided bythe Depadiment fRevenue and the Department cannot post based on assumption; notification of nonparticipation ora copy oft then adoptedby HeatherR Richards thansah@mimbvookap your locality. MIINUTE BOOK94 AMyI0,AHESAM 349 Fwd: REMINDER: 2024 Back-to-School: Sales Taxk Holiday Iwillr needa resolutionf fort this. Weu usually participate. 1message JackB Ta:Hesther Richerds fromt E localityisn Notificatione FAX: EMAIL: localtaxunit@re Pandramsaage. QUESTIONS: 334-242-1443 mage001.emz From: ate: Mayg MAIL: ALABAMAD DEPARTMENTO OF REVENUE ATTN: Pamelas Spears Sales & UseT TaxD Division Posto Office Box3 327900 Montgomery, AL3 36132-7900 chool Sales Tax Holiday May10,2024 REMINDER REMINDER 2024 "Back-to-Schoo!" Sales Tax Holiday July 19-21,2024 Deadline tor notifyA ADOR: June 19,2024 The:2024" "Back-to-Schoo"s Sales TaxHolidayb beginsa at1 12:01a a.m. onFriday,, July 19, 2024, andendsath iwelven midnighton Sunday, July2 21, 2024. As required byF Rules 810-6-3-. .65, participating county or municipalitys shalls submita ac certifiedc copy oftheir adopted resolution or providing' fort the Tax Holiday, anda anys subsequenta theA Alabama Departmento ofF Revenue before. 19, 2024. The Departmenty wil compilet this endr palities participatingh inthe" Back-to-Schoor" Sales1 Tax Holiday andis ssue ao currentp onits at: holidayr mayr notbeir includedin inthep publishedli listif receiveda after. June1 19,2 2024. Retailbusinesses andi thas Rubllc needto know whetharo localltyv Hollday. Pleasep yourc tod thereal, to intoa aistofall ofthelist ofparticipationi inthes inthe2024" Backo-School"s Sales Tax IMPORTANT matter andm notifyt theA ADORO ofthed RESPONSE REQUIRED IMPORTANI 22 J:Minutes & Agendas/Comei12024202420240610Mimutes. .docx June 10, 2024 6724,9 943AM Sityof MountainBroek: 350 Medicall Director Agreement (Dr. Shea Duerring) 3messages Stacey Coles cole:@mtnbrmokory To: Richards sthrdgnbrokore Ce: Christopher Mullins Heather, agreemento ont then next Cityo Cound's agendaf fora approval? Thanks, Staceyl L. Cole Office: Cell: CityofMounleins BrookM Mail- MedicalDirector HeatherF Richards setf forth, effectives asof0 07/01/2024. DUTIES OF UABI PEM Ifapprovedb bythec council, thef fired departmenty wilid changer medical directorsirn inj July. Couldy youp please putthea attached a Agreement. doc Stacey Cole ccoles@minbrooko org> To:h HeatherR Richards ichardsh@minbroke org> Whito Colvinh hasa alreadys signedo offo ont thea agreement. Ouatadtaxthieieni HeatherR Richards ciansh@mirtnokug To:5 Stacey Cole cole@minbrook.crp Recelved. Iwila addittothe. June1 10thA Agenda. Heather Richards Cityo Clerk Cityo Brook P.0.I Box 130009 MountainE Brook, AL35213 Facsimile- 205-874-0611 Fri,May24, 2024at4:10PM Tue,M May28,2 2024at11:49AM NOW, THESEI PREMISES, andir inf further Agreement. Pagelof3Pages 11 COMPENSATION/ ANDP PAYMENT, Compensation willb beinthef form $458.33b billed CLIENTSIPPORT ANDS SERVICES, Clienta agreest toc cooperatef fully with! UABP PEMin thep performance ofi itso obligations hereunder,i inic identifyinga andm makinga availabletol UAB PEMI those parties affiliated with Client whoa aren necessary tothep projectu undertaking:in providinga allrelevanti informationa ando othern necessaryi inputsi inatimelyn manner; in distributingir informationa andm materialsp providedbyl UABF PEMi inat timelyr manner; andinal! CONHDENTIALITY Parties agreer nottod divulge, communicate, uset tot thec detriment of thec otherp party orf fortb theb benefitofany otherb business, firm, person, partnership, or corporationo or otherwisem misusea anyoftheo otherp parties' confidentiali information, data,t trade secrets, records,s supply lists, pricing policies andr records, inventory record, personal informetion,a ands sucho otheri information nornally understoodt tob bec confidentialo orotherwise designateda ass such byt thec otherp party, whichn mayb bes acquired, obtained, orb become privyt toin thep performance ofs services.p pursuant tothisA Agreement. Notwithstanding, thep provisionsof thisP Paragraph6 6innov wayl limit thep parties'a abilityt tosatisfya anyg governmentallyr required disclosureo artor respondt tos subpoenaork legaly process, anddon nota applyt toi informationo ofthe disclosing partyt that( (a)wasp previously knownt tother receiving party; (b)isi independently developedb byt ther receivingp party; (c)is disclosedtother receiving partyb bya party whichis nota partyt toth thisa agreement; or (d)isa availablet tothep public. 7. TERMOFA AGREEMENT, ThisA Agreements shallb becomee effective 07/01/20241 TheClient willn review thep progress ofthea agreement! biannually. UABP PEMs shalln noti incur any, expensev without priorw writtena approval ofClienta after thew writtent notice ofterminationis given. Notice ofterminations shallb bed deemedt tohaveb beeng thed firsta attemptedd delivery ofthel letterg givings suchn notice, whichs shallbem mailedtothe other partyb byr registeredo ore certifiedr mail. BENEFIT, ThisA Agreements shall bet bindingu upona andi inuret totheb benefito ofthey parties hereto,t theirh heirs, legaln representatives, successors, anda assigns. FARASRAFHHEADINGSI TheP Paragraph! Headingsc containedi inthisA Agreement aref for onlya ands shalli innom mannerb bec construedasp parto ofthisA Agreement. 10. REPRESENTATION,: noneo ofthep parties area authorizedo ore empoweredt toactesana agent forany otherp purpose unlesse expresslys authorizedi inv writingtod dosoands shalln not, onb behalf oftheo other,e entera anyc contract, warranty, orn representationa astoanym matter. Noneo ofthe partiess shallbeb boundbyt thea actso orc conducto ofany other. 11. ENTIRE incorporated! herein byreferenced constitutet thee entirea agreement betweent thep partiesa andth that neitherp partys shallb ber responsiblef fors anyt terms oro conditionsn note expresslys statedh herein. Anya additionso ord deletionst tothisA Agreements shallbev voidandu unenforceableu unlessin writinga ands signedb by bothp parties. 12. AUTHORIZEDI REPRESENTATIVES. the personss signingt thisA Agreemento on behalfof Clienta andu UABI PEMe expressly warrantth thatth theyd dosoasthea authorizeda agentsor fClignt J:Minutes & AgemuasCoumal20242024010Mimutsdox andp paidp perm monthb byt thec client. otherr reasonabley ways. 13. NOTICE, allnoticesg givenhereunder wilbeir inwritinga ands served byn registeredor oertified mai,n retum receiptn requested, postagep prepaid,t tothef followingparties: Client: MountainE Brook FireD Department 1021 Tibbett Street MountainB Brook,A Alabama 35213 UABPEM: UABI Divisiono ofPediatricE Emergency! Medicine SheaA 16005 A. 5" Duerring, Ave.s. MD CPPI, Suite110 Birmingham, AL3 35233-0011 INV WITNESSV WHERFOF, causedt this firstal abovew writtec. PEDLATRIC MEDICINE CLIENT TheU Healths Services Mountain Brook FireD Department P.C OnBehalforUABD Divisiono ofPediatricE Emergency? Mecicine Deik aere Vice President FireChiel Thel Healns Services MountainB Brook Fire Department P.C. 1027 Tibbelts Street Executive Administrators SOM MountainBrook, Alahama3 35213 500Z AL3 South, 35233 Suites 504 Telephone: (205)842-3838 Telspbone: 205-731-9600 FEIN:6 63-6001325 Socie!s SecurityorFEIN: 63-0649108 06/17/2024 Date: uMe. 1L2024 authorizedo officer, effectivet thep the partiesh datefi havec Agreementtobeer executedbytheird duly bope giveno ont dateofd deliveryof thep parties agreet thatth thisw writtenA Agreementa anda anya attachments PEM. June 10, 2024 Page3ef3Page Page2of3Pages MINUTE BOOK 94. ARRINGTON ENGINEERING, CMIE Engineers- Surveyors- Land Planners June6, 2024 Mr. Dave Giddens Nimrod Long andA Associates, Inc. 880A Montclair Rd, Ste? 235 Birmingham, AL3 35213 Re: Survey Proposal forl Locksley DrS Sidewalk Dear Dave, referenced; projectis isas lollows: Fee: $6,200.00 May3 31,2024 Mr. SamGaston GityofMountin! Brook 56Churchs Street P.O.E Box1 130009 Mountain Brook AL.3 35213 Dears Sam: Project (AEP Proposal #$24-4097). Wec appreciate! thisc opportunity top provides surveyings services. Ourp pioposallortedbove Scope Provides ofService: surveyings services as outinedi iny your RFPE e-mail dated6 6/6/2024. NimrodLongandA Associatesisp plessedtoprovidet thiproposal forlandscaped designs services forthe ofthes sidewalko onl Locksley Drive. Welookf forwardtow workingw wichd theCityofMt Brook tocompletea anothero componento ofthes sidewalkn masterplan. Itiso our understanding chat the proposed sidewaik will jain up with the portion of the Locksley sidewalkb beinginstalledby yMBI Public Works, whichis obe completed. designv workis neart theendofu thepropertyat3 3615Locksley Drive (nesrF Ryecroft Rd)ande extend past 36111 Lockaley Drive: anda alongt thec comer lot at 3201 Northy Woodridge Road. Thise extensiono ofches sidewalk! has many trees ands stoner retaining walla doset to thes street, which will require some tree removala and ofthere retaining walls. Ourworki includesd designd drawingsf forreview withd the Gty,f folbwedb/Construcion! Documentsf for Publie Bidi including! layouta andd derailsf forsi sidewalk, retainingw walls,n mailboxs structures, newp plantings, miscellaneousi itemsa asneeded, andw wriren specifications. Toperform thisdesign, we illaeedatopogaphie: survey, whichweu understandt theCiywillprovide Ourse servicesd donotir includet the costo ofthes survey, burwewilf furnish alist ofkeyir irems wev willn need Wepmoposetoprovidet cheses servicesb based lonalumpsumf FagtDsiSiB3MA.AT Reimbursable tofeesa andi include travel, forworke completeds andexpenses wilbeinvoicedn monthly. Welookf forvardtotheg opportunityo ofworkingw witht thecityond this project. Ifyouh haves anys questions ore commentsa aboure thei ideasp presentedin in thisp proposal, pleasef fedlf frcetoc call. Ifthisp proposal, andt thec attachedt terms ando conditions, are acceptable. yours signature wills serve as our mutual agreement. We appreciate the opportunity to provide this proposal. Wet thank youf fory your consideration and lookf forward to working withy you. If youhave anyo qVeloyconcemingine. scoped ofservices orneedo oddlionalinfommalion, pleasef feelfi free pve usacall. AppweémAcenledye By: Sthiez mg6 #Arringtog President onthesurvey. expensesa Sincerely, aR JoelEliason,A ASLA President s80 Read, 135, bide documents. Fees Da6-10-2024 copying.P postage, andp printingb AL 35213 ARRINGTONE ENGINEERING &1 LANDS SURVEYING, INC. TERMS AND CONDITIONS STANDARD! PROVISIONS given ofs sucho claimed deficiencies. HOURLYRATE SCHEDULE Professional! Engineer P.E. Professionall Land Surveyor, P.L.S. Engineer! IntemE E.I. CADD' Technician Survey Crew Secretarial Services Additional Copies BASIS AND CONDITION OFF PAYMENTS BILLING CYCLE. ARRINGTON ENGINEERING willl billt thec client onan monthly basis on projects withd durationo of 30d dayso or more. TIME OFF PAYMENT. The CLIENT shall pay ARRINGTON! ENGINEERING within thirty (30) calendar days afterr recaipto oft thea associatedir invoice. OTHERF PROVISIONS CONCERNINGI PAYMENT. Ifthec clientf fails tor make anyp payment dueA ARRINGTON! ENGINEERING fors services and expenses within thirty (30) calendar days after receipt of ARRINGTON ENGINEERINGI invoice,t thea amounts shalli includea charge atthen rateo ofo fonea ando one- halfp percent(1.5 5%)p perm monthe andir ina addition, ARRINGTONI ENGINEERING may, after givings seven days' notioetothe CLIENT, suspends services undert thisA Agreement until ARRINGTON ENGINEERINGI has been paid int full all amounts due ARRINGTON ENGINEERING fors services ande expenses. Should itben necessaryt too collectt this accountt through ana attorney, the CLIENT agrees topay aild costs ofc collection,i includinga allr reasonable attomey's feess andf feesf for trials or appeals. Int the event of termination upon completion of any task of the Basic Services, progress payments due to ARRINGTON ENGINEERING for services rendered through completion of such task shall constitute total payment for such services. In the event of termination during any task of the Basic Servioes, ARRINGTON ENGINEERING will bep paidf for services rendered ont thatt task asifthe services on said uncompleted task were Additional Services through the date of ARRINGTONI ENGINEERING: shall bep paidi inf fulf fora alls services Agreement, including anye additionals services authorized! by Clienti ine excess oft those Thec CLIENT'SO obligationtop payu undert this Agreementi tisinnov wayo dependentu upont the CLIENT'S ability to obtain financing, payment from third parties, approval of governmental orn regulatory agencies, orthef financial viabilityo ofthep project. J:Minutes & Agendas/Council202420240610 Minutes. docx NOTIFICATIONOFI DEFECTS. Inordert tomitigate lossesfi from any clalmedo deficiencyin the service(s) rendered by ARRINGTON ENGINEERING notification must be promptly TERMINATION OF AGREEMENT. This agreement be terminated by upon seven (7)d days written notice shouldt thec otherp party may! fail substantially top either party in accordance with its terms through no fault oft the initiating thet termination. perform This Agreementr may! bet terinated byt the CLIENT upon atl party leasts seven (7) days writtenr notice tOARRINGTONE ENGINEERING, inthee event! thatth theF Projectisp permanentlys abandoned. MISCELLANEOUSI PROVISION. Thisa agreements shall bys governbyt thel laws ofthes State ofA Alabama. This Agreementr represents thee entirei integrated agreement! betweent the CLIENT ARRINGTONE ENGINEERING: ands supersedes alip priorr negotiations, agreements, either written or oral. This Agreement may be amended representationsor only by written Instruments signed byb both: the CLIENT andA ARRINGTONE ENGINEERING. Annualr ratea adjustments mayb ben made. DOCUMENTATION/ AND WORKE PRODUCTS A. OWNERSHIP OF WORK PRODUCTS. Allo original reports, sketches, tracings, drawings, computations, details, design calculations ando other documents andp planst thatr result fromA ARRINGTON ENGINEERING: services undert thisA Agreement area andr remaint property OfARRINGTONI ENGINEERING asi instruments ofservice. REUSE OF DOCUMENTS.. Alldocuments includingo drawings ands specifications byA ARRINGTONE ENGINEERING pursuant tothis Agreementa arei instruments or servicein prepared respect tot theF Project. They aren notir intendedf for, or represented tobes suitablef byt the CLIENT or others on extensions ofthe Project or on any other project.. for, reuse reuse without writteny verification or adaptation by ARRINGTON! ENGINEERING the Anyr purposesii intended will be att thec CLIENTS soler riska andy withouth liability orl fort legale specific to Arrington. Engineering. The CLIENT shalli harmiess from all claims, damages, losses and indemnify expenses and Arrington Engineering trials, pf appeals arising outaforn resulingf froma anyr reuse. including all attorney's fees, by Client: $150.00 $150.00 $75.00 $75.00 $200.00 $35.00 Cost and V. the exposure hold under this Date:, (-10-2024 statedinthis/ Agreement June 10,2024 352 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (the" "Agreement")isd datedt this_ lo"layd MINUTE! BOOK93 mightb be eliminatedorn replaced withf fiberc or wireless services Rebuild AT&TE Business Center Portallos separate Cityo ofl Mountain Brookb billing accounts andr managet thev WAN RevisitA AT&TF Reactive DDoS andE Enterprise Trafficl Protector, toir include withIT Staff Post-I Implementationt contract and billingn review, witho quarterly reconciliation' stewardship report; and Cardinal Technology Consultingi isl localt toth the cityo of Mountain Brook anda availableto to come into tov work directiy withy yourt teama asy wella as manage thec dayt toc day! business for yourA AT&TS services. 2. The Services willa alsoi include anyo other consultingt tasks which theF Parties maya agree on. The Consultanth hereby agreest top provide such Servicest tot the Client. TERMO OFA AGREEMENT 3.T Thet termo ofthis Agreement (he" "Term") willb begin ont thed date ofthisA Agreement andv willr remain infullf force ande effectu until fune 10, 7025 subjectt toe earliert terinationa as provided inthisA Agreement. The Termr may! bee extendedv witht thev written consento ofthe Parties. 4.Inthee eventt thate either Parlyy wishest tot terminatet thisA Agreementp priort toJune 10,7025that Partyv willl ben requiredt top provide 10d days' writtenr noticet totl thec other Party. 5.7 TheF Parties agreet tod doe everything necessary toe ensuret thatt thet ters oft thisA Agreementt taker 6.E Except as otherwisep providedi int this Agreement, alln monetary amounts referredtointhis 7.1 The Consultantv willo charget thec Clienta aflatf feec of$12,000.00fort thes Services (he Paymenti inf fullise expected within 30d days ofas signedo contractt ton retain Cardinal 2024 CLIENT Cityo ofMountain! Brook 560 Church Street, Mountain Brook, AI 35213 (the" "Client") CONSULTANT CardinalT Technology Consulting Services ofA Alabama 848G GriffinF Park View, Biringham, AI 35242 (the" Consultant) security consult BACKGROUND A.T The Clienti is oft thec opiniont thatt the Consultant hast then necessaryo qualifications, experience and B. The Consultanti isa agreeablet top providings sucho consulting servicest tot the Cliento ont the terms and INC CONSIDERATION OFt ther matterso describeda above and ofthen mutualb benefits ando obligations set forthi int thisA Agreement, ther receipta ands sufficiency ofv whicho considerationi is herebya acknowledged, the Clienta andt the Consultant (individuallyt the" Party" and collectively the" "Parties" tot thisA Agreement) 1.The Clienth herebya agreest toe engaget the Consultantt top providet the Clienty with thef following Evaluate ando develope existing accounts, contracts, ands servicei inventoryt too createa an easilyr managedi roadmap! fora adds/moves orc changes ands simplifyt biling withe an Research/Rectify: non-returnedr router feeo ona account 831-000-7341-732 Designa andl Implementr newV WANS Solutiont to ASEOD, toir includep pre-p planningy withIT Consolidation oflong distance andF POTS accounts. Evaluatev where coppers services abilitiest top provide consultings servicest tothe Client. conditions seto outin int thisA Agreement. PERFORMANCE effect. CURRENCY agree as follows: SERVICES PROVIDED consultings services (the" "Services"): emphasis onf fewert bilingi issues Staffa andt thep projectn management Agreement arei in USD( (US Dollars). "Compensation"). 8.7 The Clientv wilb bei invoiced asf follows: Technology Consultants. 9.1 Invoicess submitted byt the Consultant lothe Clients arec duew within 30d days ofr receipt. 10.T The Consultantv willber reimbursed fromt timet totimef forn reasonable andr necessarye expenses incurred byt thec Consultant inc connectiony withp providingt thes Services. mustb bep pre-a approved! byti the Client. 12. Confidential information (the" "Confidentiall Information') refers toa any data ori informationr relating totheb business ofth the Clienty whichy wouldr reasonably bec consideredt tobep proprietarytot the Clienti including, butnot limitedt to, accountingr records, business processes, ando dlientr records andt thatisr notg generally knowni int their industry ofthe Clienta andw wheret ther release ofthat Confidential Information couldr reasonably! bee expectedt to causeh harmt tothe Client. 13.7 The Consultanta agreest thatt theyy wiln notd disclose, divulge, reveal, reporto or use,f for anyp purpose, any Confidentiall Informationv whicht thec Consultant has obtained, except as authorized byt the Client ora asr required! byl law.1 Thec obligations of confidentiality willa apply duringt theT Terma andwil survivei indefinitely upont terminationc oft thisA Agreement. 14.A Allw writtena ando oralir information andn material disclosedo or provided! byt the Clienttot the Consultant undert thisA Agreementis Confidential Informationi regardless ofw whether itwasp provided! befored or aftert thed datec ofthisA Agreement or howit Itwasp providedt tothe Consultant. OWNERSHIP OFI INTELLECTUAL PROPERTY 15.A Allir intellectual property andn relatedr material, including anyt trades secrets, moralr rights, goodwill, relevantr registrations ora applications forn registration, andri rightsi ina any patent, copyright, trademark, tradec dress, industrial designa andt traden name (the" "IntellectualF Properly)thatis developed orp produced under this Agreement, isa" "work madef forh hire"a andw willb bet thes sole property ofthe Client. Theu use ofthel Intellectual Property! byt the Clienty willnotbere restrictedin 16.T The Consultant mayn not uset thel Intellectual Property for any purpose othert thant thato contracted forint thisA Agreemente excepty witht thew written consent ofthe Client." The Consultant willl be responsiblei fora anya anda alld damages resultingf fromt theu unauthorized useo ofthel Intellectual 17. Upon thee expirationo ort termination ofthis Agreement, the Consultant willn retumt tot the Client any property, documentation,' records, or Confidentiall Informationy whichist thep property ofthe Client. J:Minutes & Agendas/Council2024120240610 Minutes. docx 18.1 Inprovidingt the Services under thisA Agreementil tis expressly agreedt that the Consultantis actinga as ani independent contractor andr nota as ane employee. The Consultant acknowledge thatt thisA Agreement doesr noto create partnership orj jointy venture andt betweent the Client them, andise exclusivelys ac contract for service. The Clienti isr notr requiredt top pay, or make any contributionst to, anys social security, local, state orf federal tax,u unemployment compensation, workers' compensation,' insurance premium, profit-sharing, pension or any othere employee benefit fort the Consultant duringti thel Term. The Consultantisn responsiblef forp paying, and complyingy withr reporting requirementsi for, allk local, state andf federalt taxesr relatedt top payments 19.E Excepte as otherwise providedi int thisA Agreement, the Consultant may, atthe Consultant's absolute discretion, engages at thirdp party sub-contractor top perform some ora allofthed obligations ofthe Consultantu under this Agreement andt the Clientv wilin noth hire ore engage anyt third partiest to the Consultantv willp payt thes sub-contractort forit its services and! remain payable! byt the Clientt tot thec Consultant. fort thep purposes oft thei indemnification clause ofthisA Agreement, thes sub-contractori is an agento oft the Consultant. 21. Excepta as otherwise providedi int thisA Agreement, the Consultanty willh havef full control over workingt time, methods, andd decision makingir in relationt top provision ofthe Servicesi in accordance witht theA Agreement. The Consultant willv work autonomously: andr not att thec direction ofthe Client. However,t the Consultantv willl ber responsivet tot ther reasonabler needs and concers delivert thes Servicesi any anda ina accordancev equipment, witht software, theA materials anda anyo others supplies necessaryt to 23.7 TheP Parties acknowledge thatt this Agreement isr non-exclusive: andt thate eitherF Party, willb bef free, duringa anda aftert theT Term, toe engage ord contractv witht thirdp parties fort thep provision ofs services REIMBURSEMENT OFE EXPENSES 11.A Alle CONFIDENTIALITY madet tothe Consultant undert thisA Agreement. RIGHT OF SUBSTITUTION assistw witht thep provision ofthes Services. 20. Inthee eventt thatt the Consultant hiresa as the Compensation will AUTONOMY ofthe Client. EQUIPMENT 22. Except as owne expense, providedi alle NOEXCLUSIVITY similart tothe Services. NOTICE anyr manner. Property. RETURN OFF PROPERTY in thisA Agreement, the Consultant willp provide atthe Consultant's Agreement. CONTRACTOR June 10, 2024 MIINUTE BOOK: 94 353 24.A Alln notices, requests, demands or othero communications required orp permitted byt thet termso of this Agreement willbeg giveni iny writinga ando deliveredto totheF Parties atthef followinga addresses: ENUREMENT TITLES/HEADINGS 31.Headingsa interpreting thisA Agreement. GENDER andi includet thef feminine andv vicev versa. GOVERNING! LAW Alabama. SEVERABILITY WAIVER samec ord otherp provisions. 30.1 ThisA Agreement will enuret tot theb benefito ofa andbeb bindingo ont theF Parties andt theirr respective heirs, executors, administrators andp permitted successors anda assigns. arei insertedf fort convenience oft Parties thec a. Cityo afMountainE Brook 560 Church Street, MountainE Brook, AI35213 b. Cardinail Technology Consulting Services ofA Alabama 848G Griffinl Park View, Birmingham, AI35242 afterk beingo deposited witha and ovemighto courier. INDEMNIFICATION theF only anda arer notte to be consideredy when ort tos sucho other address as either Partyr mayf fromt timet toti timen notifyt thec other, andw willbe deemedt tobep properlys delivered (a)i immediately upont beings servedp personally, (b)two days after beingo depositedv witht thep postals serviceif fservedbyre registeredr mail, or( (c)t thef followingo day 25. Exceptt tot thee extent paidins settlementf froma anya applicablei insurance policies, andt tothee extent permitted! bya applicablel law, each Party agreest toi indemnify andh holdi harmlesst thec other Party, andi its respective directors, shareholders, affiliates, officers, agents, employees, andp permitted successors anda assigns against anya and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonablel legalf feesa ando costso ofa anyk kindors amount whatsoever, whichr resultf fromo ora arised outo ofanya act oro omissiono ofthei indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, andp permitted successors anda assignst thato occursi inc connectionv witht thisA Agreement. Thisi indemnificationy will survivet thet terminationd ofthis Agreement. MODIFICATION OFA AGREEMENT 26. Anya amendmento orr modification ofthis Agreement ore additional obligationa assumedk bye either Party inc connectiony witht thisA Agreementy willo onlyt beb bindingif ifevidenced inv writing signedby each Partyora ane authorized representative ofe each Party. TIME OFT THEE ESSENCE 27.1 Timel is ofthee essencei int thisA Agreement. Noe extensiono orv variation oft this Agreement will operate asav waiver ofthisp provision. ASSIGNMENT 28. The Consultant wiln notv voluntarily, orbyo operation ofl law, assigno or otherwiset transferi its obligations undert this Agreement withoutt thep priory writtend consento ofthe Client. ENTIRE 29.1 Itisa agreedt thatt therei isn nor representation,' warranty, collateral agreement ord condition affecting thisA Agreemente excepta ase expressly providedi inthisA Agreement. 32.V Wordsi inthes singular mean: andi includet thep plurala and vicev versa. Wordsi int the masculine mean 33.1 This Agreementv willb beg governed by ando construedi ina accordance witht thel laws ofthe Statec of 34.1 Inthe eventt thata anyo oft thep provisions ofthisA Agreementa areh heldt tobei invalid or unenforceable inwholec orinp part, allotherp provisions willn nevertheless continuet tob be valida enforceable witht thei invalid or unenforceable parts severedf fromt ther remainder ofthis ande 35. Thev waiverb bye either Party ofab breach, default, delay or omission ofanyo oft thep provisions ofthis Agreementbyt thec other Party wilin notb bec construed asawaiverc ofa Agreement. breacho ofthe anys subsequent 4 422/24,6 6:16PM Cityof Re: Cardinal1 Technology Consulting Agreement 1message GilbertA Aban abeng@mintpdkorp To: SteveB Boones Cctpersonnel epuromelgmmbvokap Evalustea andd develope existinge eccounts, contracts, endservicel Inventoryt tocreated and casilyn roadmap for adds/moveso ord changesa ands simplfy: bilingw witha ane omphasiso onfowerb bilingi Issues Theyw Willdoad deepd diveo on oure curonti Inventorys andp provided lines anduses. Research/Rectilyn non-retumedr router feeo anaccount8 1831-000-7341-732 Thisw wast theroutert thatwasf foundy witht thelr help. We werel beingb bllledfort the coste ofther butr now send! ltbacka andmotg geth billedf forit. Designa andi Implementnewy WANS SolstiontoASEoD, toincludep pre-planningw withIT Staffendthep projectn man nagement ATTismoving. away from copper servicosa theya are offerington replace oure ocisting ASE domand (ABEOD). Theses services lowert the cost bya abouta ane estimateds $300 amonth orwecanu uset then money tou upgradet faster connections. Theyv willhelp Inonc orderinge circuits, manageti theo orders andm makes surel Iingis correct Consoldation distancea andPOTS accounts.E Evaluatew wherec coppers servicesn mightbee elminatedo orraplacedy with fiberorv wirelesss Atfirstglancet thoyn noticedt thaty weh have POTSIE linesa ando coppers services. Witht thoc deepd divet theye cantolus morol lfwe movet tofibero orv wirelesse solutionsa andn maybed decreasec costs. RebuldATATButinesst CenterF Portaltos separate Cityo ofMountainE Brook bllinge eccounts andn manage the WAN TheATTE businesso portalhas alwayab beanp problematic. Werelyont this siteb toc check onourb billa/involces, netimes thesitew ourh billsi Instoad ofallo RevsiATATRaativet DDoS andE Enterprise TraflicP Protector,b tolndludes securityc consultwiths Staff These arenecuritys services fore ouri Intemeta access. Thoyw wanttos seell lfwes stillneedthis security. solutionst thatn match Post-implementalions contractandb bilingreview, withq quarteryn moondliatahimadanpr report; wilimoeta quarterly todiscuss newp probleme. Theyw willy provided detalledr reports foralla accounts,D billingand contracts. Theys cany provideu us with setofeyesy with speclfic AITK knowledge. Maybet there arot things wed donot lnowt can helpusw with. Thep projectsa ando otheri Issues thoye canw work ony willfroeu upr imet tofocuso on dayts daya activities. Thanky you, CardnwlTechnplog Steve Boone oons@mbnenokorp M.P2.AAASPN IN WITNESS WHEREOF theF Parties! have dulya affixedt theirs signatures under handa ands sealonthis 101 dayof_ Au 2024 Cityof fMoy ficer's! Name: A Cardinal7 Technology Copsulling Services of Alabama Per: 18 - Officer's Name: ChicAntlemet (Seal) (Seal) oflo on our WANS sites lkeF PR, PW, $2, $3. Supposedlyt thiswill thel Invoices andweh havet tocallA ATTI tos sondusa copy. Wheny weg get thisn sitet newo cityo brook profilet thatw will show only JMinutes & Agemda/Comai12024202420240610Mimutsdox June 10, 2024 42224, 5:15PM Cityo os5, is. message:7 Top dormation, your trust. Apr22, 2024a Steve Boone ; ChrisA Authement Subject: Re: CardinalT Technologyo ConsultingA Agreement lapologizeb butletmeg Annette GetC tlook fori ios From:s Steve Boone dho cons@nuinbrookorp> Sent: Monday, April2 22, 20241 10:55:37AM To: Cc: Sam AnnetteA Gastons Authement cdnalaconatigsms org>; Chris Re:C mtnbrook Subject: Cardinal Technologyo Consulting Agreement Thisd blank. Apr2 22, 2024a at1 10:44AMAnnette/ Authement snnatte@cardinate Gentlemen, nako susOIgSmala attachments: Mostid Minses endw worms ARPA-MINUIE retuma address: Thoughe messagen maye caim a'sf fromy yourt banky yourk ISRo orovenyour 4.Boc oftheh link: ABnkbanemamasage thatcl claims topointtoabenk (ex)webs siten maynatreallys gothere. Ifyous suspecto ord detecta anys suspiciousa activityp pleaser notifys asi immediately.* * BOOK93- SteveB Boane choones@ Ominbrookorg> MG--soosNgaNA folaunchew vins-laden malle attachmento orprovidey yourpersona! original forlettingn mel know! goback totheo andre re-downloada and Filsenditagain. I's goodonmys side.1 Thanks wrote: Authementc Whls ArR, youseltaftedt probablyr M8/20257 message- From: ChrisA Dale:N Mon,A Apr22, 2024a at1 11:09AM Subject: Re: CardinalT Technology ConsullingA Agreement To:A Annette Authement Ce: Sam Geston now. Pleased confirmo oncey you'rea ablet ton review. Thanks, Chris The fMountain what Cardinall the Technologyw would liket thec contract. propose After asa consultinge the! agreement wef feelcertainu witht hatv Cily would! stalla and e ralue anyr new your projects team, anda forbi analysis trustedr ando resource costn management, toyour ITe department. managingthe Wew wilworkto orderinga and e-mall eltechments: Mostvirusesa andwoms antemorPGin.hes fommole-mail they echnologyt thatv Cityo afMounteinE Brook etc. thatG Glibert workv witht tofindan resolution. Ihavee already trackedd downt then routert trackingn numbera andth thes needs. Hopefully, hec canf finditsslu there andif fnat, weo Pleasel letmek knowv what questionsy your mayk have. BesiRegards, Annette Authement 205.531.9311 sehirumbestmalehnotal, arew worths $12,000? Contyacis specifles4 4/18/2024. She Steve Boones conei@minbiokorp HiAll-its seems wea arel havings somet technicalissues, buty yous shouldbea ablet tov viewt thisa attachment Soltion, AlianceChury Tech Consulting JMinutes & Agendas/Coma.120.4202420240610Mimnutes. docx June 10, 2024 (d) Trobaughs shalls submit invoices foritsse servicest toCity. Payments shallb beduea and payablev withint thirty (30) (e) Trobaughs shall commence work on an audit or project ass soon as possible for City andy will act in accordance with $40-2A-13, Code fAlabama, 1975 which states" "A private examining or collecting firm representing moret thand one selfadministered municipality orn more than ones selfadministered county ont the date ofthe first withat taxpayer shall examine thet taxpayer's books and records for all suchs self- 4.3 Term. Thet term ofthisA Agreements shalle commence as ofthe Istdayo ofA August 2024m ande expireon 31std withour day the of) July2 2027. Provided, thate either the Cityo or Trobaugh mayt terminatet thisA Agreement at anyti time, paymento of penalty, feeord other charge. by giving the other partyh hereto atl leasts sixty (60)d days lodgingt taxes, salest taxes, sellers licenses, uset taxes building andu uset permits, taxes. The franchises, occupational taxes, lease/rental taxes, and/or othera auditors from timet tot time. Trobaugh Company, Ciryn LLC reservest reserves the right the right tousei to in-house use other auditors private auditingf Examples: firmis)asn DJS Statue necessary of1 inc conjunction with7 Trobaugh & Company, LLC's efforts ina auditingt taxpayers. limitations. [2)7 Timec constraints ofTrobaugh & Company, LLC auditors. [3jo Other 6.4 Assignment. Trobaugh may not ussign itsr rightso or obligations undert thisA Agreement without the priorw writtena approval ofthen Mayorc ofCity.ortheCity! Managerc ofCity. Elect. This agreement shallbe bindingu upont the parties! hereto andt their respective witht thel lews Governing_Law. ofthes Stated ofA Thisa agreement shall beg governed by,ande construed ande enforcedi inaccordance 9. Entire Agreement. Thisa agreemento containst thee entireu understanding ofthec Citya and Trobaugha supersedes all previous verbal andy writiena agreements andr mayo only ben modified behalfof Trobaugha ando ont behalfofthe Ciy, byi its Mayor. INV WITNESS WHEREOF, Cityo ofMountain Brook has caused this/ duly authorized Mayor and Trobaugh and Company has caused authorized corporate officers,a allasofA August> XX,2024. this Agreement tobee executed by its Attest: By Hull Bp Heather Rickards, ItsCityCiprk Trobaugh& & Company, LLC By: JohnD." Trobaugh, ItsN ManagingA Member MINUTE BOOK 94"0 ofther receiptofenchi invoice. 355 STATEOFA ALABAMA) COUNTY) AGREEMENT municipalitiesande countiess simultaneously--". priory written notice oftermination. 5. Primary During the term primary auditor for compelling conditione exists. 7.1 Binding successorsa anda assigns. 8. This Agreementn made and enteredin on Ist day of August2 2024,6 by: andbetween the Cityo ofMountain Brook, Alabama, ar municipal corporation ("the Ciy)and Trobaugh and Company, LLC. ("Trobaugh"). Wheress, Cityisinneedo ofmnagente capablec ofperforming certaina auditings services; and Whercas, Trobaugh hasm met, orv will meet, ther requirements under thel LocalT Tax Procedures Actof1998, ando containedi inCode afAlabamal 1975 ("Act) andisca capable ofperforming certain auditings services,s sucha asthe verification ofn records relating toc contracts, subcontracts, purchase invoices, sales inyaices, leases ando other data pertainingt toc certain fees andt taxes which mayb bep payable to City, including, business licenses,o occupationalt taxes, usetaxes,! lemsen taxes, lodgingt taxes ando othert taxes, buildingp permits endfranchisef fees;and Whereas, theC CityandT Trobaugh desiretoe enteri intoa underw which Trobaugh shallp provide toCity Now,t therefore, inconsideration oft thep premisesa andag agreementsh hereinafters set forth, Citya andT Trobaugh 1.Services. Duringt thet termo ofthisA Agreement, Trobaugha agreestoperform thef followings services for Thec examinationa andv verificationo ofrecords, contracts, subcontracts. purchasei invoices, salesin invoices,! leases ando ather data pertainingt to operations which might require a party to obtain a business license, abuilding permit oratherp permit from City, requirea partyt topayafi franchisef feetoCitya and/or requireap partytop pay oneor ofthef followingt taxest toCity: occupational tax, salest tax, uset tax, leaserental tax,) lodgingtax and any other tax whichr may be payablet to City. Beforea preliminarya assessmentis s made sgainst ataxpayer, Trobaugh atit discretion, notify the taxpayer that ith has 0 ten (10) day review period, andT Trobaughs shall furnish taxpayert thei information required under thel Code 2A-letseq. afAlabama, 1975).1 Ifthes statuted oflimitationsr ruleor other compellinge conditione exists, Trobaugh willn notifyt theCity andr request theCityf filet thea appropriate ten (10)d day review period, if used, will enter aF preliminarya assessment against thet taxpayer ifpayment hasn not been received. If, after thet thirty (30) day preliminarya assessment period, payment has not received, Trobaugh will deliver the taxpayer audit tot the Cityf forf finala againstt thetaxpayer. 2.Conditions Wark. Trobaugh employa broadr rangeo ofmethods ofwork with priora approvalof andc coordination with the Revenue Officer ofCiys so long assuchn methods arec with establisheda and acceptable business practices for professional auditars and dor not result in discredito or liability upont theCity. Trobaugh shail demonstrate a high degree of consistency and regularity with respect to contacts madev with taxpayersi inperformingi itsduties pursuantt tothis Agreement. 3EsrforServices (e) The Citys shall payT Trobaugh Ninety Dollars ($90.00) per hour fors services renderedby" Trobaughp pursuant tothisA Agreement. (b) Trobaugh shallp paya alll localt travel ando othere expenses incurredi inthep perfonnance ofalla auditsp performedby Trobaugh ora anyone ini itsemployment. Trobeughs shallb bereimbursed fori itsexpenses inconnection with out-of-townt travel, tothee extent allowed under Code ofA Alabama 1975, $40-2A-6(d), whichs sums shall be payable byt taxpayer. (C) Alln revenueg generated bya audits shall ben receivedb byl Trobaughi inthef form ofacheckn madep payablet tothe CityofM Mountain Brook ands shall beturmedo overt toCitya ass soonasp possible, butir innoeventl lateri thant twenty- one(21)daysa afterr receiptby Trobaugh. ofthis agreement, the City agrees that Trobaughs shall beits theservicess setf forth herein. City: Alabama. Billo ofRighta and Uniform Revenue ProceduresA Ac(4 40- protect the City. Trobaughyv will, aftert the signed and on byad document bee Agreementt to executed byi StewartH. J:Minutes & AgendasComa1.2024202420240610Mmuesdox June 10, 2024 356 Trash Bins-3 MINUTE: BOOKPB Surplus Thek large binis 36" high, 24"v wide, and 28"c deep Thes smaller twob bins are3 30"h higha and2 201/2" wide EEA BEEE quantity - J:Minutes & AEmdaCamaipUAdI2AaO Minutes. docx: MINUTEI BO Quantity Quantiy Odso Quantity J:Minutes nci20 024010Minures.dox 358 MINUTEI BOOK93 pyasn Sn D Sn Quant / LO 202406101 Minuphaph, NET BOOK94 359 Quantity Quantity Quanttyn MMinutesa AEeNARARCAR OM Minutes. docx Traffic Island Policy Worksheet Traffic] Island Policy Worksheet 360 MINUTE BOOK93 Island Location_ Dunbarton! byt the Cahaba) Island ons Stoneridge Drive Areac ofIsland 8.200sgf Max City Contribution 53.000 (3,000s4#-51,p00; 3.9006900.4A-5200, >6,000s9,-53,000) Resident Contact Information Name JanJ Jaffe Stephanie Sklar Bonniel Lorino Partnership Agreement TheCity willn maintaint thei island likeb before. Island Committee Comments Wealla agreedo ont thep plants andd design. Police Department Comments sidelines. Council Comments: Amount approved: Email ibiaffe@aol.com klathome@gmail.com bomielatinommuilom Sketch ofDesign Date May2 24,2 2024 Helen Drennens andA Aimeel Reesev worked ont thisp project witht then neighborsa andr me. Date May31,2024 Date: June 10,2 2024 Jason Rhoads said thep plansl look finea as longa ast then newp plants dor noti impeden motorist Other Details Thes sign wasr redonel backi in2 2020. There! hasb beenas steady declinei int then roses, grasses, andj junipers ont theis islands. Wew willn removee everything exceptt thel hollies and existingt treesa andp plante encorea azaleasa andli liriope. Thec circlea atthee endw willb be plantedy witha an nuttall oaka andl liriopet thisf fall. Thes streets sign willn needt toben moved andy wer willv worky with PWo ont that. Webelievet thisc changey willn noto onlyl look better, butn maken maintenance easier ont theP Parksa andR Recd department. Materials needed DwarfV Whitee encorea azaleas (3A tall) Liriope (<18"t tall) Nuttal Oak Mulch & misc Cost $900 $900 $200 $300 52.400 Constructionl saCammeAdputmaN Beforel Picture: After Picture: Total Cost. JMinutes & AgemdasComal2024202420240610Minuesdc June 10, 2024 MINUTE! BOOK 94 361 [This page left blank intentionally] J:Minutes & AgmdhasComa12024202420240610Mimumesdox June 10, 2024