AGENDA MARCH5,2024 CITYCOUNCIL MEETING  The Enterprise City Council will convene in Regular Session at 6:00p p.m., Tuesday, March 5,2024, at the  Enterprise City Board of Education Board Room, 2201 Hutchinson Street.  ROLL CALL.  President .President President .President  OPENING PRAYER & PLEDGE OF ALLEGIANCE.  APPROVAL OF AGENDA.  Call for ar motion to approve the agenda oft the meeting as submitted.  CONSIDERATION OF CONSENT AGENDA.  All matters listed within the Consent Agenda have been distributed to each member of the Council for review, are considered to be routine, and will be enacted by one motion of the City Council with no separate discussion. If separate discussion is desired on ani item, thati item may be removed from the Consent Agenda and placed on the Regular Agenda by request ofa member oft the City Council. Call for  amotion to approve the Consent Agenda as presented:  City Council Work Session Minutes of February 20, 2024 City Council Meeting Minutes of February 20, 2024 Accounts Payable (A) for February 2024 in the amount of $908,000.73 as follows: City of Enterprise $659,667.32Water Works Board- $248,333.41 Accounts Payable (B) for February 2024 in the amount of $2,104.30 as follows: Contract Billings in the amount of $3,850,656.49 as follows: Application No. 13- $2,027,360.34 - Construction - Recreation & Aquatics Center Application No. 14-SI,670,079.14- -( Construction - Recreation & Aquatics Center Application No. 4- $140,946.75- Construction New Corporate Hangar Invoice No. 218427-S10,312.76- - Construction Phase Services - New Corporate Hangar Invoice No. 5-$1,957.50- - Design/Bid! Procurement- - FY 2022' TAP Sidewalk Project PRIVILEGE OF THEI FLOOR (Persons allowed3r minutes to address the Council).  City of Enterprise $1,999.35 Whaley Construction Co., Inc.- Hollon Contracting,' LLC Barge Design Solutions, Inc.- Three Notch Partners-  Water Works Board- $104.95  President President President  STAFF REPORTS. OLD BUSINESS  PUBLIC HEARING & CONSIDERATION/ORDINANCE 02-06-24..  (Annexation and Zoning/Byrd & Curington) zoning of R-100 (Residential District).  Call for aj public hearing prior to consideration of Ordinance 02-06-24, providing for the annexation and zoning of 5.4 acres ofl land owned byl Brenda Byrd and Scott Curington into the city limits and to establish  At the close of the hearing, call for consideration ofOrdinance 02-06-24. PUBLIC HEARING & CONSIDERATION/ORDINANCE 02-06-24-A.  President  (Byrd/Curington Rezone)  Call for a public hearing prior to consideration of Ordinance 02-06-24-A, providing for the rezone of 86.35 acres ofland owned by Brenda Byrd and Scott Curington from AG-2 (Agricultural District) to R-100 (Residential District) located at the southeast corner ofOzark Highway and Shellfield  Road/County Road 700. (Parrish Rezone)  At the close of the hearing, call for consideration of Ordinance 02-06-24-A. PUBLIC HEARING & CONSIDERATION/ORDINANCE 02-06-24-B.  President  Call for a public hearing prior to consideration of Ordinance 02-06-24-B, providing for the rezone of10 acres of land owned by Ashton Parrish from R-75-S (Residential District) and B-1 (Business District) to  TH-1 (Townhouse District) located on Doster Street.  At the close of thel hearing, call for consideration of Ordinance 02-06-24-B.    PUBLIC HEARING & CONSIDERATIONABC LICENSE REQUEST.. Restaurant Retail Liquor license located at 11091 Boll Weevil Circle, Suite 5. At the close oft thel hearing, call for consideration oft the ABC license request.  President  (Sappora)  Call fora aj public hearing prior to consideration ofa request from M & Y,LLC, d/bla Sappora, fora  REVIEW & CONSIDER BID RECOMMENDATION.  .President  (Parks & Recreation/Pickup Trucks)  Introduce and call for consideration ofar recommendation from Billy Powell, Director of Community Services and Recreation, to award Bid Requisition No. 2024-02 for two (2)2024 Ram 2500 3 Ton 4WD Crew Cab Pickup Trucks tol Mitchell Chrysler Dodge. Jeepl Ram, Inc. in the total bid amount of Stivers Chrysler Dodge Jeep Ram - $48,109.00 each, for at total bid of $96,218.00  $85,828.00 ($42,914.00 each). Other bids received are as follows:  Stivers Ford- - $47,738.00 each, for a total bid of $95,476.00  REVIEW & CONSIDER BID RECOMMENDATION. (Parks & Recreation/Exelusive Beverage Rights)  President  Introduce and call for consideration ofa recommendation froml Billy Powell, Director of Community Services and Recreation, to award Bid] Requisition No. 2024-03 for exclusive beverage rights at all Parks &1 Recreation facilities to Pepsi-Cola Bottling Company ofLuverne. Bids received are as follows:  Bidder:  PepstColaBottingCompanyoflaweme  Beverages  Bottle Sizei in Price/Case #/Case  Individual Price  Ounces 20 15.2 20 15 o 20 20 16 20 o  Bottled Soft Drinks- 200z. Fruit. Juices and Juice containing beverages Bottled Teas Bottled Coffees Canned Soft Drinks- 12 oz. Bottled Waters- 20 OZ. only Isotonic Drinks Energy Drinks- 20 oz. only Sports Drinks- 20 OZ. only Frozen Carbonated Beverages Marketing Rights Fee Commission Rate Vending  $27.30 $18.00 $27.30 $32.50 $0.00 $27.30 $27.30 $22.50 $15.00 $0.00 $5,000.00 25%  24 12 24 12 0 24 24 12 12 0  $1.14 $1.50 $1.14 $2.71 $0.00 $1.14 $1.14 $1.88 $1.25 $0.00 $5,000.00 25%  Bidder:.  Coca Colal Bottling CompanyUnited- - Central.LLC  Bottle Sizei in Ounces 20 10 18.5 14 12 20 16 16 20 0  Beverages  Price/Case #/Case $35.50 $24.10 $21.40 $31.80 $17.10 $17.80 $22.30 $47.80 $27.20 $0.00 $1,000.00 25%  Individual Price  Bottled Soft Drinks- 20 oz. Fruit. Juices andJ Juice containing beverages Bottled" Teas Bottled Coffees Canned Soft Drinks-: 120 OZ. Bottled Waters- 20 oz. only Isotonic Drinks Energy Drinks- 20 OZ. only Sports Drinks- 20 Oz. only Frozen Carbonated Beverages Marketing Rights Fee Commission Rate Vending NEW BUSINESS  24 24 12 12 24 24 12 24 24 0  $1.48 $1.00 $1.78 $2.65 $0.71 $0.74 $1.86 $1.99 $1.13 $0.00 $1,000.00 25% President  REVIEW & CONSIDER RESOLUTIONO-0524. (Additional Pay for EMS Certification/Fire Department)  Introduce and call for consideration of Resolution 03-05-24, providing to grant additional pay of$170.00 per pay period, less applicable withholding, for Alabama Department ofPublic Health licensed Paramedics and $120.00 per pay period, less applicable withholding, for Alabama Department ofPublic Health licensed Advanced EMT's, effective the first fullj pay period ofMay 2024.    AUTHORIZE MAYOR TO: EXECUTE AGREEMENT.  .President  (All In Credit Union Car Sale)  Call for ai motion to authorize the Mayor to execute an agreement on behalf of the City of Enterprise with All In Credit Union tol hold their annual car sale April 18-20, 2024, on the grounds next to the Enterprise AUTHORIZE MAYOR TOI EXECUTE REVISION NO.1TO USDA AGREEMENT.  Civic Center.  President  (Wildlife Damage Management Services)  Call for ai motion to authorize the Mayor to execute Revision No. 1to the Cooperative Service Agreement between the City of Enterprise and The Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS): for wildlife damage management services within the  city and further authorize additional funding of$4,000.00. AUTHORIZE MAYOR TO EXECUTE LEASE AGREEMENT. (Perry Brothers Aviation Fuels, LLC/Airport Fuel Truck)  President  Call for amotion to authorize the Mayor to execute an agreement, upon review by the City Attorney, with Perry Brothers Aviation Fuels, LLC, for the lease of one (1) 1999 International 3000 Gallon Jet-A Refueling Truck, at $1,250.00 per month. The agreement is a modification oft the previous agreement  with the city's aircraft fuel provider and approved in the FY24 budget. REVIEW & CONSIDER CHANGE ORDER NO. 1.. (FY22 Resurfacing Improvements, Phase III(A)  President  Introduce and call for consideration of Change Order No. 1 submitted by Poly, Inc. for an increase of $608,848.75 in the total contract amount with Wiregrass Construction Company, Inc. for FY22 Resurfacing Improvements, Phase III(A). The change order increases the contract substantial completion time by 472 calendar days and adjusts the total contract amount to $4,604,177.25. REQUEST PERMISSIONTO PURCHASE AERIAL APPARATUS.  President  (Fire Department)  Introduce and call for consideration ofai request from Fire Chief Christopher Davis toj purchase a 75' Aerial Apparatus from Sunbelt Fire, Inc. for 1.15 million dollars. Funding will be through the Fire Fee account, with an approximate shortfall of $200,000.00 to be requested from the General Fund. Payment willl be required upon taking possession of the apparatus in the second quarter of] FY26.  REQUBSTTOAMENDPY2BA BUDGET. (EMS Incentive Pay/Fire Department)  President  Introduce and call for consideration ofai request from Fire Chief Christopher Davis to amend the FY24 budget by $33,650.00 to include the implementation of Advanced Life Support (ALS)EMS incentive  pay.  REVIEW & CONSIDER STREET LIGHTING MODIFICATION.  President  (Indian Camp Crossing & Arrowhead Drive) install the following at an annual cost of$1,098.72:  Introduce and call for consideration ofar request from City Engineer/Public Works Director Barry Mott to  One (1) 40W5,200- -7,200 lumens street light on Indian Camp Crossing One (1) 40W5,200- -7,200 lumens street light on Arrowhead Drive  MAYORS REPORT.  President .President President  COUNCILMEMBERSCOMMENTS.  ADJOURNMENT: 5:00 p.m., Tuesday, March 19,20240 Council Work Session.  ADDENDUM:    TO: FROM: RE: DATE:  MAYOR AND CITY COUNCIL BEVERLY SWEENEY, CITY CLERK  CONSENT AGENDA FOR MARCH 5, 2024 COUNCIL MEETING  MARCH1,2024  By approving the Consent Agenda, you will cumulatively approve the following items as presented  in your packets:  A. The minutes oft the February 20, 2024 Work Session. B. The minutes of the February 20, 2024 Regular Session.  C.A Accounts Payable (A) for February 2024 in the amount of$908,000.73 as follows: D. Accounts Payable (B) for February 2024 in the amount ofS2,104.30 as follows:  City of Enterpise-5659,6732 City of Enterprise -$1,999.35  Water Works Board - $248,333.41 Water Works Board : $104.95  E. Contract Billings in the amount of $3,850,656.49 as follows:  Whaley Construction Co., Inc. - Hollon Contracting, LLC- Barge Design Solutions, Inc.- Three Notch Partners-  Application No. 13-$2,027,360.34-Construction - Recreation & Aquatics Center Application No. 14-51,670,079.14- Construction- Recreation & Aquatics Center Application No. 4-$140,946.75- Construction- - New Corporate Hangar  Invoice No. 218427-S10312.76-1 Construction Phase Services - New Corporate Hangar Invoicel No. 5-$ $1,957.50- - Design/Bid Procurement - FY2022 TAP Sidewalk Project    CITY COUNCIL WORK SESSION MINUTESOFI FEBRUARY20,2024  The Enterprise City Council convened in Work Session at 5:00 p.m., Tuesday, February 20, 2024, at the  Enterprise Civic Center. PRESENT:  Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Greg Padgett, District #3 Council Member Scotty. Johnson, District #4 Mayor William E. Cooper City Administrator Jonathan Tullos City Attorney Ashley Marshall Consulting Engineer Glenn Morgan City Department Heads  ALSOPRESENT:  City Clerk Beverly Sweeney was present and kept the minutes.  ROLL CALL- Council Members Rich, Padgett, Johnson, and' Townsend were present upon roll call.  Council Member Goolsby arrived at 5:15 p.m.  OIGOALSUPDATE  City Administrator Jonathan Tullos reported on the status of the 2024 Q1 goals, including completed  items and at timeline for unfinished items. FIREFIGHTER EMS PAY  Fire Chief Christopher Davis informed the Council there are three levels of EMT: Paramedic (highest), Advanced EMT, and EMT (lowest), with Enterprise Fire being an ALS level 2 (Advanced EMT) non- transport agency through the Alabama Department of Public Health. Although EFD is an ALS agency, the city has never paid for or provided EMS training above an EMT basic level, meaning every advanced EMT and Paramedic inl Enterprise Fire undertook this without assistance. Through a partnership with ESCC and the Career Center, the department, for now, has obtained grant funds to send firefighters to higher levels and currently has some personnel in the school. Regardless, he would like to see the city support firefighters in increasing their level and skill. To promote al higher-level EMS in the department and offset thei increased responsibility, liability, and training, he requested a 6% increase (incentive pay) for fire personnel who currently or int the future obtain and maintain an ALS state license. Doing sO will increase the number of ALS personnel, providing a more consistent, higher level of care for citizens and eventually giving the department the numbers needed to move to an ALS Level 1 (Paramedic), non- transport agency. The estimated costi is approximately $30,077.41 for FY24 and $76,241.84 for FY25. Chief Davis advised he would present a request to amend the FY24 budget at an upcoming Council  Meeting. TAPGRANTI UPDATE  City Engineer/Public Works Director Barry Mott and' Tim Ramsden, representing Three Notch Partners, provided an updated timeline for the Daleville Avenue Transportation Alternatives Program (TAP) Sidewalk Project and further requested to proceed with the advertisement for bids. Council Members agreed to amend the February 20, 2024 Council Meeting agenda to include the request as the first item  under New Business.    REVIEW OF AGENDA  Council President Townsend requested a review oft the February 20, 2024 Council Meeting agenda.  Following review and discussion, no deletions or changes were requested.  ADJOURNMENT at 5:55 p.m.  There being no further business before the Council, the President declared the Work Session adjourned  Turner Townsend Council President  Beverly Sweeney City Clerk    CITY COUNCIL: MEETING MINUTES OF FEBRUARY20,204  Thel Enterprise City Council convened in Regular Session at 6:00 p.m., Tuesday, February 20, 2024, at the  Enterprise Civic Center. PRESENT:  Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Greg Padgett, District #3 Council Member Scotty. Johnson, District #4 City Administrator Jonathan Tullos  ALSOPRESENT: Mayor William E. Cooper  City Clerk Beverly Sweeney was present and kept the minutes.  ROLL CALL- Council President Townsend noted that all Council Members were present.  2023 YEAR INR REVIEW  The President recognized Mayor Cooper, who opened the program with al beautiful rendition of"How Great Thou Art" on his trumpet, accompanied by Cornelius Burrows ont the piano. Mayor Cooper welcomed attendees and reflected on the past year, then handed over the presentation to City Administrator Jonathan Tullos, who provided al brief overview oft the year in review for 2023 after giving his opening remarks. City Engineer/Public Works Director Barry Mott, Water Field Superintendent Alan Mahan, Enterprise Police Captain Billy Haglund, Fire Chief Christopher Davis, and Billy Powell, Director of Community Services and Recreation, then followed with a summary of projects, activities, and accomplishments from Engineering, Public Works, Airport, Water Department, Police Department, Fire Department, Tourism, Main Street, The President called for a motion to approve the agenda of the meeting as submitted, with amendment to add Council Member Padgett moved to approve the agenda of the meeting as amended. Council Member Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett Aye; Johnson- - Aye;  Farmers Market, Civic Center, and Parks and Recreation, respectively.  APPROVAL OF AGENDA the following item under New Business:  Request to Advertise for Bids -TAP: Sidewalk Project Townsend- - Aye. The President declared the motion carried. CONSIDERATION OF CONSENT AGENDA  Thel President called for a motion to approve the Consent Agenda as presented: City Council Work Session Minutes of February 6, 2024 City Council Meeting Minutes of February 6, 2024 Contract Billings in the amount of $339,116.37: as follows: Wiregrass Construction Company, Inc.- Beasley Construction Services, Inc.-  Estimate No. 101 Final $225,036.55- - Construction FY23 Reurfacing/Phase III(B) Estimate No. 12-$104,433.38- - Construction - Multipurpose Rec Complex/Phasel Invoice No. 20201 -$2,626.50 - Construction Phase Services-) Multipurpose Rec Complex/Phasel Invoice No. 20202- -$769.94- - Engineering Design FY23 Resurfacing/Phase III (B) Invoice No. 2652-$6,250.00- - Contract Services- February 2024  Poly, Inc.-  Fine Geddie & Associates- Travell Requests as follows: Main Street Mariah Montgomery (7) Volunteers Main Street NOWI National Conference Birmingham, Alabama May 5-9,2024 Estimated Cost: $8,095.54  Council Member Rich moved to approve the Consent Agenda as presented. Council Member Goolsby seconded the motion. The vote being: Rich Aye; Goolsby- Aye; Padgett Aye; Johnson Aye; CONSIDER PERMITISTREET CLOSURE REQUEST (St. Patrick's Day] Parade & Half Pint 0.5K) Thel Presidenti introduced: a request on behalf of Erin Grantham, Enterprise Chamber ofCommerce Director, to obtain a permit tol hold the World's Smallest St. Patrick's Day Parade and Half Pint 0.5K on Saturday,  Townsend- Aye. The President declared the motion carried.  March 16, 2024, from 11:30 a.m. until 3:00 p.m.    CITY COUNCIL MEETING MINUTES OFI FEBRUARY20,2 2024 CONSIDER PERMIT/STREET CLOSURE/COntinue) Townsend- -Aye. Thel President declared the motion carried.  Page 2  Council Member. Johnson movedt to approve the permit request as submitted. Council Member Padgett secondedi the motion. The vote being: Rich - Aye; Goolsby- Aye; Padgett- - Aye; Johnson- -Aye; CONSIDER PERMIT/STREET CLOSURE: REQUEST (Special Olympics Law Enforcement Torch Run) Thel President introduced: ar request on behalf of EPD Captain Billy Haglund, to obtain aj permit tol hold the Special Olympics Law Enforcement Torch Run onl Friday, March 22, 2024, from 7:30 a.m. until 9:00a.m. Thel Lawl Enforcement Torch] Runi isar running eventi inv which officers and athletes carry thel Flame of Hope tot the Opening Ceremony ofl local Special Olympics competitions. Local surrounding law enforcement agencies will meet with the athletes and run with them, carrying the torch as they make their way to the high Council Member Goolsby moved to approve the permit request as submitted. Council Member Rich seconded1 the motion. The vote being: Rich- - Aye; Goolsby- Aye; Padgett- - Aye; Johnson- - Aye; CONSIDER PERMIT/STREET CLOSURE! REQUEST (Spring Festival at thel Monument 2024) Thel President called for a motion to approve the following permit request as submitted: Spring Festival att the Monument: 2024 Event Time/Date: 10:00 a.m. - 3:00 p.m., Saturday, April 13,2024 Rain Date: Saturday, April 20,2024 Street Closure: 4:45 a.m. - 4:00 p.m. Closure. Area: East College Street (Edwards tol Main) Street Closure: 7:00 a.m. - 4:00 p.m. Street Closure: 8:00 a.m. -4 4:00 p.m. Street Closure. Area: Main Street (Leet tol Harrison)  school.  Townsend- - Aye. Thel President declared the motion carried.  Street Closure. Area: West College Street (Maint tol Railroad' Tracks), Easy Street (Edwards tol Main), West Grubbs Street (Main tol Railroad Street), East Grubbs Street (Edwards tol Main)  **Previously approved by the Council on. January 16, 2024. Revised to reflect a change ini the. street closure Councill Member Padgett moved to approve the permit request as submitted. Councill Member. Johnson seconded the motion. The vote being: Rich-A Aye; Goolsby- Aye; Padgett- Aye; Johnson - Aye; PRIVILEGE OF THEF FLOOR (Persons allowed 3 minutes to address the Council) health and safety concerns and lower property values, among other things. Road intersection, where there is currently only a flashing light.  timej for East College Street.  Townsend-  Aye. Thel President declared the motion carried.  Mark Parker voiced displeasure with a potential Oriented Strand Board (OSB) plant coming tot the city, citing Lindal Basham, 107 Edinburg Drive, requested thei installation ofas stoplight att the Shellfield Road/Salem Lavinia Smith expressed concern about the long-term effects ofa an OSB plant on the environment and the Mike Basham, 1071 Edinburg Drive, requested an update on the status oft the Hwy 27/Shellfield! Road CFO/Treasurer LeeAnn Swartz assured business owners that business license renewals postmarked by February 15 willi incur no late fees, and staff is currently working on processing them to be mailed out. Mrs. Swartz also encouraged those whol had yet tos send their renewal to get those mailedi in before the next City Administrator Jonathan' Tullos, inr response tol Mr. Basham's question regarding thel Hwy 27/Shellfield Road roundabout status, notedt that the roundabout isas state project through the ATRIPI Program, and due to al higher cost than expected, ALDOT proposed thei installation ofat traffic signal at that intersection, which the city has agreed to. He addedt thatt the project schedule is controlled by ALDOT, with an advertisement Inr response tol Mrs. Basham's request fora a stoplight att thei intersection of Shellfield Road and Salem Road, City Administrator Jonathan' Tullos statedt that ani internal discussion could be held, as both roads are city  community as a whole. roundabout. STAFF REPORTS  deadline for penalty assessment onl March 15.  for bids! projectedi in. June oft this year.  streets.    CITY COUNÇIL: MEETING MINUTES OF FEBRUARY20,2024  Page 3  STAFF REPORTS (Continued):  City Engineer/Public Works Director Barry Mott addressed public concerns presented duringt thel February 20 public hearing for rezoning approximately 296 acres ofl land att the intersection ofHwy 84 and Moates Roadt tol M-2 (Manufacturing District). Residents whos spoke during ther meetinge expressed dissatisfaction regarding thep possibility ofa an OSB mill close tor residential neighborhoods and voiced concerns about health, safety, traffic, and lowered property values, among other things. Mr. Mott, through personal research and conversations with various experts ands state and federal agencies, addressed the issues he could currently address, as plans for site development or construction plan review for an OSB mill or any facility at that PUBLIC HEARING & CONSIDERATIONABC LICENSE REQUEST(Las Galeras Mexican Restaurant) The President called for aj public hearing prior to consideration ofar request from Las Galeras Mexican Restaurant LLC d/b/al Las Galeras Mexican Restaurant: fora a Restaurant Retail Liquor license located at 2952 Rucker Blvd. No comments were offered. Thel President closed the hearing and called for consideration of Council Member. Johnson moved to approve the ABC license request as submitted. Councill Member Rich seconded the motion. The vote being: Rich- - Aye; Goolsby Aye; Padgett- - Aye; Johnson- Aye;  location have yet tol bes submitted. OLDBUSINESS  the ABC license request.  Townsend- - Aye. Thel President declared the motion carried. REQUESTTOA ADVERTISE FORJ BIDS (TAP Sidewalk Project) TAPOA-TA22/931)1 for a sidewalk along Daleville Avenue. Townsend- - Aye. Thel President declared the motion carried. INTRODUCE) PLANNING COMMISSION RECOMMENDATION  NEW BUSINESS  The President introduced and called for consideration ofar request from City Engineer/Public Works Director Barry Mott to advertise for and seek bids for Transportation Alternatives Program (TAP) Project No. Council Member Richi moved to approve the request to seek bids as submitted. Council Member Goolsby seconded the motion. The vote being: Rich - Aye; Goolsby- Aye; Padgett- Aye; Johnson Aye; The President introduced: for the record, a recommendation: from the Enterprise Planning Commission to  approve the following requests:  A request byt the City of Enterpriset to accept and adopt the City ofl Enterprise Zoning Ordinance and Ar request byl Northstar Engineering Services, on! behalf of Richard Bray, for the rezoning of33.23 acres ofl land from R-75-S (Residential District) andl B-1 (Business District) tol R-65 (Residential Ar request by Boyd Engineering, LLC, ont behalfof2F4B! LLC, for the rezoning of1.41 acres ofl land from R-65 (Residential District) tol B-3 (Business District) located at 29001 Porter Lunsford Road. Thel President introduced Ordinance 02-20-24, providing for thel Enterprise Zoning Ordinance toi include the Enterprise Zoning Map asr recommended by the Enterprise Planning Commission, under the authority ofTitle 11, Chapter 52, oft the Code of Alabama, 1975 Compilation, as amended, and called for aj public hearing to Thel President introduced Ordinance 02-20-24-A, providing for the rezone of3 33.23 acres ofl land owned by Richard Bray from R-75-S (Residential District) and B-1 (Business District) to R-65 (Residential District) located at 408 Chambers Street, and called for aj public hearing tol bel held at the regular meeting scheduled Thel President introduced Ordinance 02-20-24-B, providing for the rezone of1.41 acres ofl land owned by 2F4B1 LLC from R-65 (Residential! District) tol B-3 (Business District) located at 2900 Porter Lunsford Road, and called for aj public hearingt tol bel held att the regular meeting scheduled for March 19,2024.  Map.  District) located at 408 Chambers Street.  INTRODUCE ORDINANCE0220241 (Enterprise Zoning Ordinance)  bel held att the regular meeting scheduled for March 19,2024. INTRODUCE ORDINANCE02202+A (Bray Rezone)  for March 19, 2024.  INTRODUCE ORDINANCE 02-20-24-B (2F4BI LLCE Rezone)    CITY COUNCIL MEETING MINUTES OF FEBRUARY20, 2024  Page 4  AUTHORIZE MAYOR TO EXECUTE GRANT AGREEMENT/FAA/ALG Project No. 3-01-0027-027- Thel President called for a motion to authorize the Mayor to execute a grant agreement on behalfo ofthe City of Enterprise with the Federal Aviation Administration for funding assistance in the amount of $448,000.00 to construct a corporate hangar at thel Enterprise Municipal Airport, subject to an opinion from the City Council Member Rich moved to authorize thel Mayor to execute the FAA grant agreement subject to an opinion from the City Attorney that the city is authorized to enter into the agreement. Council Member Johnson seconded the motion. The vote being: Rich - Aye; Goolsby Aye; Padgett- Aye; Johnson - Aye; REVIEW & CONSIDER CHANGE ORDER NO.I-FNAL/FY23 Resurfacing Improvements. Phase III Thel President introduced and called for consideration of Change Order No. 1-Final submitted by Poly, Inc. fora a decrease of$245,362.88 in the total contract amount with Wiregrass Construction Company, Inc. for FY23 Resurfacing Improvements, Phase III (B). The change order adjusts the final contract quantities, increases the contract substantial completion time by 18 calendar days, and adjusts the total contract amount Council Member Padgett moved to approve Change Order No. 1-F Final as submitted. Council Member Johnson seconded the motion. The vote being: Rich - Aye; Goolsby Aye; Padgett- - Aye; Johnson - Aye; Thel President introduced and called for consideration ofar request from City Engineer/Public Works Director Barry Mott to purchase one (1)2024' T880S Tri-Axle dump Truck from Truckworx, through the Sourcewell Council Member Johnson moved to approve the purchase request as submitted. Council Member Rich seconded the motion. The vote being: Rich- - Aye; Goolsby- Aye; Padgett- - Aye; Johnson - Aye; REQUEST PERMISSION TO PURCHASE EQUIPMENT (Parks & Recreation) through the Sourcewell Purchasing Program, ata a total cost of$78,106.39:  2024)  Attorney thatt the city is authorized to enter into the agreement. Townsend Aye. Thel President declared the motion carried.  (B))  to$ $2,250,365.52.  Townsend- - Aye. The President declared the motion carried. REQUESTI PERMISSION TOPURCHASE DUMP TRUCK (Public Works)  Purchasing Program, atar not-to-exceed cost of $240,000.00. Townsend -Aye. The President declared the motion carried.  The President introduced and called for consideration ofar request from Billy Powell, Director of Community Services and Recreation, toj purchase the following budgeted equipment from Dowling' Truck & Tractor,  Two (2) Utility Trailers @ $3,390.00 each Four (4) Stihl Edgers @ $315.99 each Two (2) Stihl Backpack Blowers @ $513.49 each Five (5) Stihl Trimmers @ $387.09 each One (1) Hustler Z: 54" Mower Four (4) Hustler 72" Mowers @ $13,400.00 each Four (4) Mulch Kits @ $475.00 each  $6,780.00 $1,263.96 $ 1,026.98 1,935.45 $11,600.00 $53,600.00 $1,900.00  Council Member Goolsby moved to approve the purchase request as submitted. Council Member Padgett seconded the motion. The vote being: Rich - Aye; Goolsby Aye; Padgett - Aye; Johnson - Aye; REQUEST PERMISSION TOI PURCHASE PLAYGROUNDI EQUIPMENT (Parks & Recreation/ Johnny The President introduced and called for consideration ofar request from Billy Powell, Director of Community Services and Recreation, to purchase the following playground equipment from GametimeStruthers Recreation for use at. Johnny Henderson Family Park. A$12,000 donation from the Enterprise Rotary Club  Townsend- Aye. The President declared the motion carried.  Henderson Park)  will cover the cost oft the equipment: Discover Cave w/1 Primary Grips Sensory Wave Arch System Bells 12" Funl Mirror 12"  $6,051.00 $6,790.00 $1,118.00 $367.00 $11,997.50  Subtotal: $14,326.00 Discount: ($3,107.34) Freight: $ 778.84  TOTAL:    CITY COUNCIL MEETING MINUTES OF FEBRUARY20,2 2024 REQUESIPERMESIONTO PURCHASE (Continued): Townsend -Aye. Thel President declared the motion carried. REQUEST: PERMISONTOFURCHASE EQUIPMENT(Fire Department) purchase the following equipment included int the FY24 budget:  Page 5  Council Member. Johnson moved to approve the purchase request as submitted. Council Member Padgett seconded the motion. The vote being: Rich- Aye; Goolsby- - Aye; Padgett - Aye; Johnson - Aye; The President introduced and called for consideration ofar request from Fire Chief Christopher Davist to One (1) RollnRack Hose Management System at a cost of$8,800.00 from RollnRack One (1) Hose Tester in the amount of $6,000.00 from Nafeco One (1) Challenger Forcible Entry Door Simulator from eDarley for $9,600.00  Council Member Padgett moved to approve the purchase request as submitted. Council Member Johnson seconded the motion. The vote being: Rich - Aye; Goolsby- Aye; Padgett - Aye; Johnson- Aye;  Townsend - Aye. Thel President declared the motion carried. INTRODUCEABCI LICENSE REQUEST (Sappora)  Thel President introduced a request from M & Y,LLC, d/b/a Sappora, foral Restaurant Retail Liquor license located at 1109 Boll Weevil Circle, Suite 5, and called for a public hearing to be held at the regular meeting Thel President called for a motion to hold the March 5,2 2024 Work Session and Council Meeting at the Enterprise City Board of Education Board Room, 220 Hutchinson Street, due to Coffee County's use ofthe Council Member Goolsby moved to approve the request as submitted. Council Member Padgett seconded the motion. The vote being: Rich- Aye; Goolsby - Aye; Padgett- Aye; Johnson- - Aye; Townsend- - Aye. Mayor Cooper thanked Reverend Williams, Friendship Missionary Baptist Church, for the invocation, Cornelius Burrows for his accompaniment of "How Great" Thou Art" on the piano, city staff and meeting Council Members congratulated Mayor Cooper and staff on as successful 2023 Year in Review and thanked There being no further business before the Council, the President declared the Regular Session adjourned at  scheduled for March 5, 2024.  REQUEST TO CHANGE MARCH 5.2 20241 MEETING LOCATION Enterprise Civic Center as a polling location on the same date.  The President declared the motion carried.  MAYORS REPORT attendees.  COUNCILMEMBERS COMMENTS  Mr. Mott for his presentation, meeting attendees, and citizens watching online.  ADJOURNMENT 7:45 p.m. Turner Townsend Council President  Beverly Sweeney City Clerk    ACCOUNTS PAYABLE FEBRUARY2 2024-A  WATER WORKS BOARD TOTAL  $248,333.41  CITY OF ENTERPRISE  ADMINISTRATIVE DEPT CAPITAL ADMINISTRATIVE DEPARTMENT AIRPORT CAPITAL PROJECTS CIVIC CENTER CIVIL DEFENSE CULTURE & RECREATION DISPOSAL PLANT TOURISM E-911  $0.00 $65,936.23 $0.00 $14,618.11 $161.04 $0.00 $115,779.13 $4,794.18 $6,144.50 $50,089.67 $0.00 $5,923.28 $6,906.81 $0.00 $2,711.86 $23,110.23 $0.00 $7,743.96 $18,521.93 $0.00 $2,250.90 $1,277.80 $78,063.46 $0.00 $87,514.98 $36,706.40 $763.52 $50,086.94 $80,562.39 $0.00 $659,667.32  ENGINEERING DEPARTMENT ENG DEPT CAPITAL PROJ ENTERPRISE LIBRARY ENTERPRISE MUNICIPAL AIRPORT ENTERPRISE MUNICIPAL. AIRPORT FUEL FARMER'S MARKET FIRE DEPARTMENT FIRE CAPITAL PROJECT FLEET MAINTENANCE GASOLINE HEALTH & WELFARE INCUBATOR MUNICIPAL COURT PARKS & RECREATION PARKS & RECREATION CAPITAL PROJ POLICE DEPARTMENT SANITATION DEPARTMENT SENIOR CITIZENS SEWER DEPARTMENT STREET DEPARTMENT STREET CAPITAL PROJECTS ACTION OF THE MAYOR APROVAL EXCEPTIONS DATE_  TOTAL    02/07/2024 14:54 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0120Gf3 TO 0120Gi3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE ALABAMA POWER COMPANY CHARTER COMMUNICATIONS  AMOUNT 109.07 95.16 204.23 155.95 5.87 161.82 278.02 72.10 350.12 716.40 716.40 77.01 77.01 82.04 82.04 2,101.00 2,101.00 70.61 72.91 143.52 145.82 145.82 40.28  AIRPORT C SPIRE CINTAS CORPORATION  CIVIC CENTER  ALABAMA POWER COMPANY CINTAS CORPORATION  ENGINEERING  ALABAMA POWER COMPANY  FIRE  CHARTER COMMUNICATIONS FLEET MAINTENANCE CINTAS CORPORATION  LIBRARY  ALABAMA POWER COMPANY  PARKS/RECREATION ALABAMA POWER COMPANY BRIGHTSPEED POLICE BRIGHTSPEED PUBLIC WORKS CINTAS CORPORATION    02/07/2024 14:54 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0120Gi3 TO 0120Gf3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 40.28 4,022.24  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    02/15/2024 10:46 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Gf2 TO 0220Gf2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE C SPIRE FEDEX  AMOUNT 916.90 93.91 2,632.80 3,242.96 190.32 52.64 314.18 232.69 10.96 914.09 20.20 395.63 9,017.28 155.95 29.35 1,941.49 33.92 10.97 2,171.68 272.35 138.76 1,084.05 123.55 72.10 1,501.22 10.96 134.19 3,337.18 10.97 10.97 10.96 42.22 53.18 788.82 286.61 8.15  ACCURATE CONTROL EQUIPMENT INC ALABAMA POWER COMPANY CANON SOLUTIONS AMERICA CHARTER COMMUNICATIONS QUADIENT FINANCE USA SOUTHEAST ALABAMA GAS DISTRICT UNITED PARCEL SERVICE VERIZON WIRELESS WELLS FARGO FINANCIAL LEASING XEROX CORPORATION  AIRPORT C SPIRE CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE SOUTHERN LINC UNITED PARCEL SERVICE  CIVIC CENTER ALABAMA POWER COMPANY BRIGHTSPEED CSPIRE CANON SOLUTIONS AMERICA CINTAS CORPORATION SOUTHEAST ALABAMA GAS DISTRICT UNITED PARCEL SERVICE VERIZON WIRELESS DISPOSAL DEPT  UNITED PARCEL SERVICE  E-911  UNITED PARCEL SERVICE VERIZON WIRELESS  ENGINEERING  ALABAMA POWER COMPANY CANON SOLUTIONS AMERICA CINTAS CORPORATION    02/15/2024 10:46 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Gf2 TO 0220Gf2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 2,001.86 126.27 501.22 10.97 387.34 4,111.24 145.95 47.23 193.18 377.85 382.00 339.80 .63 3,266.57 10.97 691.94 5,069.76 328.16 21.84 10.97 360.97 95.95 31.20 127.15 84.53 128.38 122.63 335.54 2,132.52 2,132.52 643.75  COVINGTON ELECTRIC COOPERATIVE PEA RIVER ELECT COOP QUADIENT FINANCE USA UNITED PARCEL SERVICE VERIZON WIRELESS FARMER'S MARKET C SPIRE  SOUTHEAST ALABAMA GAS DISTRICT  FIRE SPIRE  CHARTER COMMUNICATIONS COVINGTON ELECTRIC COOPERATIVE QUADIENT FINANCE USA SOUTHEAST ALABAMA GAS DISTRICT UNITED PARCEL SERVICE VERIZON WIRELESS FLEET MAINTENANCE CINTAS CORPORATION SOUTHERN LINC UNITED PARCEL SERVICE  INCUBATOR CS SPIRE  SOUTHEAST ALABAMA GAS DISTRICT  JUDICIAL  QUADIENT FINANCE USA VERIZON WIRELESS XEROX CORPORATION  LIBRARY  ALABAMA POWER COMPANY PARKS/RECREATION ALABAMA POWER COMPANY    02/15/2024 10:46 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Gf2 TO 0220Gf2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME CS SPIRE  AMOUNT 167.59 53.12 10.97 224.28 486.88 3.33 192.28 1,782.20 181.86 205.99 16.21 154.95 60.92 10.96 3,777.51 202.82 4,611.22 72.91 171.90 258.63 161.12 266.62 3,881.83 285.13 5,098.14 21.84 35.97 57.81 13.62 10.97 24.59 10.97 10.97 4.41  QUADIENT FINANCE USA UNITED PARCEL SERVICE US BANK EQUIPMENT FINANCE VERIZON WIRELESS XEROX BUSINESS SOLUTIONS SE XEROX CORPORATION  POLICE BRIGHTSPEED C SPIRE  CANON SOLUTIONS AMERICA COVINGTON ELECTRIC COOPERATIVE QUADIENT FINANCE USA UNITED PARCEL SERVICE VERIZON WIRELESS WELLS FARGO FINANCIAL LEASING  PUBLIC WORKS BRIGHTSPEED C SPIRE CANON SOLUTIONS AMERICA CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS  SANITATION SOUTHERN LINC UNITED PARCEL SERVICE SENIOR CITIZENS CENTER QUADIENT FINANCE USA UNITED PARCEL SERVICE  SEWER  UNITED PARCEL SERVICE  STREET  QUADIENT FINANCE USA    02/15/2024 10:46 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Gi2 TO 0220G12 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 10.:97 15.38 11.37 10.96 444.03 466.36 38,987.32  UNITED PARCEL SERVICE WATER FUND - ADMINISTRATIVE QUADIENT FINANCE USA UNITED PARÇEL SERVICE VERIZON WIRELESS  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    02/15/2024 10:46 dslater ORG VENDOR NAME E-911 BRIGHTSPEED GENERAL FUND CITY GENERAL FUND  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 022024E2 TO 022024E2 DATES: 10/01/23 TO 09/30/24  AMOUNT 225.65 225.65 53.18 53.18 278.83  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    02/15/2024 10:46 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Sc2 TO 0220Sc2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME GENERAL FUND CITY GENERAL FUND SENIOR CITIZENS CENTER A-ONE BUSINESS SOLUTIONS  AMOUNT 24.59 24.59 25.00 25.00 49.59  TOTAL  ** END OF REPORT Generated by Demetris Slater **    02/15/2024 10:46 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Sd2 TO 0220Sd2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT ALABAMA POWER COMPANY CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE  AMOUNT 240.19 248.55 23,889.25 24,377.99 21.94 21.94 556.87 556.87 24,956.80  GENERAL FUND CITY GENERAL FUND  SEWER  COVINGTON ELECTRIC COOPERATIVE  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    02/15/2024 10:47 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Ww2 TO 0220Ww2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME GENERAL FUND CITY GENERAL FUND  AMOUNT 466.36 466.36 43,943.00 43,943.00 5,588.61 8,691.48 85.95 299.97 22,931.63 42.24 508.80 217.43 38,366.11 82,775.47  WATER FUND SYNOVUS BANK  WATER FUND - ADMINISTRATIVE ALABAMA POWER COMPANY ARISTA INFORMATION SYSTEMS INC CHARTER COMMUNICATIONS COVINGTON ELECTRIC COOPERATIVE SOUTH ALABAMA ELECTRIC COOPERA SOUTHEAST ALABAMA GAS DISTRICT WELLS FARGO FINANCIAL LEASING  CSPIRE  TOTAL  ** END OF REPORT Generated by Demetris Slater **    02/29/2024 08:37 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Gf3 TO 0220Gf3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE C SPIRE FEDEX  AMOUNT 2,620.80 150.49 69.02 1,924.44 168.04 914.28 232.44 6,079.51 2,328.63 2,328.63 138.76 1,046.05 128.16 36.05 1,773.89 134.19 3,257.10 42.22 42.22 308.12 2,138.59 469.20 387.34 3,303.25 139.95 26.16 166.11 359.85 318.99 350.57 2,110.33 691.94  CANON SOLUTIONS AMERICA QUADIENT FINANCE USA SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS XEROX CORPORATION  AIRPORT  COVINGTON ELECTRIC COOPERATIVE  CIVIC CENTER BRIGHTSPEED C SPIRE CANON SOLUTIONS AMERICA CINTAS CORPORATION SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS  E-911  VERIZON WIRELESS ENGINEERING  CANON SOLUTIONS AMERICA COVINGTON ELECTRIC COOPERATIVE QUADIENT FINANCE USA VERIZON WIRELESS FARMER'S MARKET C SPIRE  SOUTHEAST ALABAMA GAS DISTRICT  FIRE CSPIRE  CHARTER COMMUNICATIONS COVINGTON ELECTRIC COOPERATIVE SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS    02/29/2024 08:37 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Gf3 TO 0220Gf3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME FLEET MAINTENANCE CINTAS CORPORATION  AMOUNT 3,831.68 164.08 164.08 95.95 41.60 137.55 78.88 128.38 122.16 329.42 85.29 72.91 161.59 24.96 76.45 486.88 192.07 1,100.15 327.68 199.99 39.28 178.17 26.56 3,777.51 190.12 4,739.31 72.91 159.90 266.84 80.56 266.87 2,306.16 285.13 3,438.37  INCUBATOR C S SPIRE  SOUTHEAST ALABAMA GAS DISTRICT  JUDICIAL  QUADIENT FINANCE USA VERIZON WIRELESS XEROX CORPORATION PARKS/RECREATION ALABAMA POWER COMPANY BRIGHTSPEED CS SPIRE QUADIENT FINANCE USA US BANK EQUIPMENT FINANCE VERIZON WIRELESS XEROX CORPORATION  POLICE BRIGHTSPEED C SPIRE  CANON SOLUTIONS AMERICA COVINGTON ELECTRIC COOPERATIVE QUADIENT FINANCE USA VERIZON WIRELESS WELLS FARGO FINANCIAL LEASING  PUBLIC WORKS BRIGHTSPEED C SPIRE CANON SOLUTIONS AMERICA CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS    02/29/2024 08:37 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Gf3 TO 0220Gf3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT  SENIOR CITIZENS CENTER QUADIENT FINANCE USA  5.12 5.12 2.56 2.56 17.28 444.03 461.31 29,386.37  STREET  QUADIENT FINANCE USA  WATER FUND - ADMINISTRATIVE QUADIENT FINANCE USA VERIZON WIRELESS  TOTAL  ** END OF REPORT Generated by Demetris Slater **    02/29/2024 08:38 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Sd3 TO 0220Sd3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT CINTAS CORPORATION  AMOUNT 95.34 24,093.33 24,188.67 622.13 622.13 24,810.80  COVINGTON ELECTRIC COOPERATIVE  SEWER  COVINGTON ELECTRIC COOPERATIVE  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    02/29/2024 08:38 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220Ww3 TO 0220Ww3  DATES: 10/01/23 TO 09/30/24  VENDOR NAME C SPIRE  AMOUNT 79.95 22,508.29 42.24 506.16 194.78 23,331.42 23,331.42  WATER FUND - ADMINISTRATIVE COVINGTON ELECTRIC COOPERATIVE SOUTH ALABAMA ELECTRIC COOPERA SOUTHEAST ALABAMA GAS DISTRICT WELLS FARGO VENDOR FIN SERV  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    02/29/2024 16:15 dslater ORG VENDOR NAME AIRPORT CINTAS CORPORATION PARKS/RECREATION ALABAMA POWER COMPANY  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0220-GF3 TO 0220-GF3 DATES: 10/01/23 TO 09/30/24  AMOUNT 5.87 5.87 607.29 607.29 613.16  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    03/01/2024 08:35 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624G TO 030624G DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE ADVANCE AUTO PARTS ALABAMA COMMUNITY NEWSPAPERS - ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC CDW GOVERNMENT, INC. ENTERPRISE PAPER & JANITORIAL J2 CLOUD SERVICES LLC KNOWMYHIRE.COM LATHEM TIME CORPORATION LOWES HOME CENTER INC M4 TECHNOLOGY O'REILLY AUTO PARTS SOUTHEAST HEALTH ENTERPRISE CL WAL-MART COMMUNITY CARD WHITTAKER WARREN INSURANCE  AMOUNT 107.92 17,154.54 4,181.78 449.14 495.72 89.86 104.97 22.20 349.20 64.26 9,238.40 30.58 35.00 92.36 18,219.28 50,635.21 316.82 708.72 25.00 475.72 263.55 1,999.35 449.00 4,238.16- 1994354 6,986.01 50.41 365.47 56.10 98.72 117.00 7,673.71 161.04 161.04 12,860.43 8.61 100.00 12,969.04  AIRPORT AMAZON CAPITAL SERVICES INC BRIGHTSPEED BRUNSON PEST CONTROL ENTERPRISE PAPER & JANITORIAL LOWES HOME CENTER INC TOWNSEND BUILDING SUPPLY WAL-MART COMMUNITY CARD  aA3871  CIVIC CENTER  ALABAMA POWER COMPANY BRUNSON PEST CONTROL ENTERPRISE PAPER & JANITORIAL HUDSON OFFICE SUPPLY COMPANY LOWES HOME CENTER INC WILLIAMS AUTO PARTS  CIVIL DEFENSE  ALABAMA POWER COMPANY  DISPOSAL DEPT  ALABAMA POWER COMPANY BRUNSON PEST CONTROL SOUTHEAST HEALTH ENTERPRISE CL    03/01/2024 08:35 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624G TO 030624G DATES: 10/01/23 TO 09/30/24  VENDOR NAME ENGINEERING  AMOUNT 769.04 30,247.71 279.66 222.76 676.58 8,379.00 1,082.59 70.00 231.44 41,958.78 1,481.79 11.38 851.84 7.56 2,352.57 91.83 110.96 3,842.31 588.67 30.90 120.03 360.00 40.65 518.93 19.44 417.81 360.00 2,105.00 4,421.00 1,025.55 59.20 19.50 14,131.78 2,111.64 850.00 61.50 40.60 193.64 1,836.00 229.04 130.00 710.70  ALABAMA COMMUNITY NEWSPAPERS - ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC BRUNSON PEST CONTROL CDW GOVERNMENT, INC. COMFORT SYSTEMS USA ENTERPRISE PAPER & JANITORIAL SOUTHEAST HEALTH ENTERPRISE CL SOUTHERN STAR FARMER'S MARKET ALABAMA POWER COMPANY BRUNSON PEST CONTROL CDW GOVERNMENT, INC. LOWES HOME CENTER INC  FIRE  ADVANCE AUTO PARTS AIRGAS USA, LLC ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC BRUNSON PEST CONTROL CDW GOVERNMENT, INC. COCA-COLA BOTTLING COMPANY LOWES HOME CENTER INC O'REILLY AUTO PARTS SEMINOLE COMMUNICATIONS INC SOUTHEAST HEALTH ENTERPRISE CL SUNBELT FIRE APPARATUS TAYLOR SUDDEN SERVICE, INC WS S DARLEY & CO WAL-MART COMMUNITY CARD WILLIAMS AUTO PARTS FLEET MAINTENANCE ADVANCE AUTO PARTS D&F H CHEMICALS DAVIS OIL CO INC DOWLING TRUCK AND TRACTOR FLEETSOFT LLC INTERSTATE BATTERIES NEXAIR, LLC SOUTHEAST HEALTH ENTERPRISE CL TOTAL PETROLEUM, LLC  NAFECO    03/01/2024 08:35 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624G TO 030624G DATES: 10/01/23 TO 09/30/24  VENDOR NAME TRISTATE GRAPHICS WILLIAMS AUTO PARTS  AMOUNT 327.75 646.00 7,136.87 18,521.93 18,521.93 1,650.00 131.37 28.79 176.04 1,986.20 174.59 34.99 222.86 180.40 612.84 16.26 923.50 750.00 1,689.76 428.91 164.27 9,248.66 771.43 675.00 -4.65 149.68 78.00 24,563.80 297.33 408.09 5,080.00 1,860.00 1,983.53 4,922.99 1,603.09 797.50 995.33  GENERAL FUND  TOTAL PETROLEUM, LLC  INCUBATOR ALABAMA POWER COMPANY BRIGHTSPEED BRUNSON PEST CONTROL ENTERPRISE PAPER & JANITORIAL  JUDICIAL  BLUE 360 MEDIA, LLC J2 CLOUD SERVICES LLC ODP Business Solutions TRISTATE GRAPHICS  LIBRARY  BRUNSON PEST CONTROL CDW GOVERNMENT, INC. SCARLETTE G. NAPPER PARKS/RECREATION ADVANCE AUTO PARTS ALABAMA COMMUNITY NEWSPAPERS ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC ARPA BRIGHTSPEED BRUNSON PEST CONTROL DACK AUTO SERVICE DOWLING TRUCK AND TRACTOR ENTERPRISE PAINT & INDUSTRIAL ENTERPRISE PAPER & JANITORIAL ENTERPRISE PRINTING LLC J M ELECTRIC SUPPLY CO INC JOHNSTON TRUCKING LLC KELLY SEED COMPANY KNOWMYHIRE.COM L8 & B SPORTING GOODS LEWIS-SMITH SUPPLY CORP    03/01/2024 08:35 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624G TO 030624G DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 490.33 493.98 320.00 7,500.00 271.68 97.44 824.00 515.00 452.24 1,111.78 600.00 7,590.00 57.89 83.00 74,430.30 51.45 660.19 386.92 2,563.97 410.00 5,405.60 529.13 225.00 1,630.00 34.99 1,205.40 50.00 1,436.62 437.72 224.00 291.96 50,939.71 3,801.58 490.00 164.00 4,698.40 39.99 741.00 1,600.00 78,017.63 192.56 4,930.15 544.58 43.90 48.00 1,143.00  LOWES HOME CENTER INC MIDLAND CITY ROAD MART PARRISH ENTERPRISES INC PHILIPS PARKING LOT MAINTENANC SEQUEL ELECTRICAL SUPPLY, LLC SHERWIN WILLIAMS CO SMYRNA READY MIX CONCRETE LLC SOUTHEAST HEALTH ENTERPRISE CL SOUTHERN STAR SUNSOUTH LLC TOMAHAWK SCREEN PRINTING TRISTATE GRAPHICS WAL-MART COMMUNITY CARD WILLIAMS AUTO PARTS  POLICE  ADVANCE AUTO PARTS ALABAMA POWER COMPANY BRIGHTSPEED CDW GOVERNMENT, INC. CHAMPION AUTOMOTIVE COFFEE CO SHERIFF'S OFFICE ENTERPRISE CHEVROLET ENTERPRISE SIGNZ INTIME SERVICES INC J2 CLOUD SERVICES LLC MCGRIFF TIRE CO., INC MEDICAL CENTER ENTERPRISE O'REILLY AUTO PARTS ODP Business Solutions PB ELECTRONICS INC PETSENSE S& P COMMUNICATIONS LLC SEMINOLE COMMUNICATIONS INC SOUTHEAST HEALTH ENTERPRISE CL TRISTATE GRAPHICS WALTER CRAIG LLC WILKS A-ONE TIRE SE WILLIAMS AUTO PARTS WIREGRASS AVIATION SUPPORT PRO  PUBLIC WORKS ALABAMA COMMUNITY NEWSPAPERS - ALABAMA POWER COMPANY BRIGHTSPEED BRUNSON PEST CONTROL ENTERPRISE PAINT & INDUSTRIAL ENTERPRISE PAPER & JANITORIAL    03/01/2024 08:35 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624G TO 030624G DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 141.60 34.99 72.79 752.24 450.00 261.68 8,615.49 4,395.28 233.00 24,025.20 770.00 1,200.94 457.10 263.45 311.48 704.58 20.20 2,016.95 225.00 1,963.91 61.50 36,648.59 1,324.44 8.61 75.00 1,408.05 70.38 48,869.70 55.50 1,625.69 379.80 64.61 71.15 28.70 525.00 2,106.00 495.00 4,984.00 1,824.60 543.93 669.24 1,038.87  HUDSON OFFICE SUPPLY COMPANY J2 CLOUD SERVICES LLC LEWIS-SMITH SUPPLY CORP LOWES HOME CENTER INC MOORE WARREN EQUIPMENT COMPANY SOUTHERN STAR SANITATION  AMERICAN MACHINE & MFG INC ASHBERRY LANDFILL LLC COFFEE COUNTY COMMISSION/LANDE DOTHAN DPF LLC ENTERPRISE PAPER & JANITORIAL ENVIRONMENTAL PRODUCTS GROUP I FOURSTAR FREIGHTLINER INGRAM EQUIPMENT COMPANY J& J HYDRAULICS, LLC KNOWMYHIRE.COM PARKER'S DIESEL SERVICE SOUTHEAST HEALTH ENTERPRISE CL TEST CALIBRATION COMPANY WILLIAMS AUTO PARTS  SEWER  ALABAMA POWER COMPANY BRUNSON PEST CONTROL SOUTHEAST HEALTH ENTERPRISE CL  STREET  ADVANCE AUTO PARTS DOWLING TRUCK AND TRACTOR ED SHERLING FORD INC INGRAM EQUIPMENT COMPANY INTERSTATE BATTERIES KNOWMYHIRE.COM LOWES HOME CENTER INC PARKER'S DIESEL SERVICE RENT READY EQUIPMENT & SALES SMYRNA READY MIX CONCRETE LLC SOUTHEAST HEALTH ENTERPRISE CL SOUTHERN PIPE & SUPPLY CO INC TRACTOR & EQUIPMENT TRIGREEN EQUIPMENT LLC WILLIAMS AUTO PARTS WIREGRASS CONSTRUCTION CO., IN    03/01/2024 08:35 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624G TO 030624G DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 63,352.17 24,707.01 281.08 28.70 34.99 140.00 25,191.78 451,731.90  WATER FUND - ADMINISTRATIVE ALABAMA POWER COMPANY BRIGHTSPEED BRUNSON PEST CONTROL J2 CLOUD SERVICES LLC SOUTHEAST HEALTH ENTERPRISE CL  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    03/01/2024 08:35 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624W TO 030624W DATES: 10/01/23 TO 09/30/24  VENDOR NAME GENERAL FUND CITY GENERAL FUND  AMOUNT 25,191.78 25,191.78 37.71 408.71 1,350.00 3,674.58 2,500.00 828.50 359.09 127.28 18.00 1,340.00 104.40 250.00 685.36 8,734.90 247.72 6.50 14,605.00 4,664.13 27,532.00 1,215.37 104.95 27,992.00 521.22 18,219.28 39.99 14.00 1,097.69  WATER FUND - ADMINISTRATIVE ADVANCE AUTO PARTS ALABAMA 811 ARWA CITY OF ENTERPRISE DONALD SMITH CO INC EMPIRE PIPE & SUPPLY ENTERPRISE PAINT & INDUSTRIAL FERGUSON WATER WORKS GENEVA COUNTY COOPERATIVE ENTE HOUSTON COUNTY REGIONAL WATER HUDSON OFFICE SUPPLY COMPANY KENS AUTO GLASS LEPPO INC LEWIS-SMITH SUPPLY CORP LOWES HOME CENTER INC MILLER/HUMPHREY PLUMBING & ELE POLYENVIPRONMENTAD CORPORATION SERVICE CHEMICAL INDUSTRIES, I SOUTHERN ELECTRIC MOTOR SERVIC SOUTHERN PIPE & SUPPLY CO INC TOWNSEND BUILDING SUPPLY TRI STATE FENCE & IRONWORK INC UNIFIRST CORPORATION WHITTAKER WARREN INSURANCE WILKS A-ONE TIRE SE WILLIAMS AUTO PARTS WIREGRASS CONSTRUCTION CO., IN  116,678.38 1055 1E533 141,870.16 Bobbi Jo Lewis **  TOTAL  ** END OF REPORT - Generated by    03/01/2024 08:36 blewis ORG VENDOR NAME E-911 CGI SYSTEMS CITY OF ENTERPRISE LIBERTEL ASSOCIATES MOORE PROPERTIES, LLC SEAL911 SOLACOM WAL-MART COMMUNITY CARD  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624E TO 030624E DATES: 10/01/23 TO 09/30/24  AMOUNT 700.00 83.13 1,700.00 1,500.00 500.00 1,300.00 40.32 5,823.45 5,823.45  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    03/01/2024 08:36 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624SD TO 030624SD DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT BECKHAM SEPTIC TANK & DITCHIN CITY OF ENTERPRISE HIGHVIZ LLC LOWES HOME CENTER INC NANTZE SPRINGS INC SERVICE CHEMICAL INDUSTRIES, I SOUTHERN ELECTRIC MOTOR SERVIC TAYLOR SUDDEN SERVICE, INC USABLUEBOOK GENERAL FUND CITY GENERAL FUND  AMOUNT 3,000.00 858.58 1,090.00 144.10 19.90 2,955.00 31,182.00 12,348.16 2,634.72 54,232.46 14,394.31 14,394.31 1,318.56 307.40 400.00 2,433.01 1,094.52 13,469.08 1,424.03 33.81 203.00 2,811.23 23,417.80 514.48 62.00 47,488.92 116,115.69  SEWER  ACCRUIT, LLC FBO THOMPSON TRAC ALABAMA 811 BECKHAM SEPTIC TANK & DITCHIN CITY OF ENTERPRISE DOWLING TRUCK AND TRACTOR JOHNSTON MATERIALS SUPPLY LLC LOWES HOME CENTER INC PARKER'S DIESEL SERVICE RENT READY EQUIPMENT & SALES SABEL STEEL SERVICE TALCO INDUSTRIAL CHEMICALS, IN THE PARTS HOUSE WILLIAMS AUTO PARTS  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    03/01/2024 08:37 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624SC TO 030624SC DATES: 10/01/23 TO 09/30/24  VENDOR NAME SENIOR CITIZENS CENTER CITY OF ENTERPRISE ENTERPRISE PAPER & JANITORIAL HUDSON OFFICE SUPPLY COMPANY  AMOUNT 465.21 176.15 67.45 708.81 708.81  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    03/01/2024 08:37 blewis ORG VENDOR NAME TOURISM  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 030624TT TO 030624TT DATES: 10/01/23 TO 09/30/24  AMOUNT 183.37 1,230.00 1,500.00 250.00 1,200.00 430.81 4,794.18 4,794.18  AMAZON CAPITAL SERVICES INC DURDEN OUTDOOR DISPLAYS, INC. ENTERPRISE CHAMBER OF COMMERCE GO DIGITAL WITH DONNIA LOWES HOME CENTER INC  KPS LLC  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    ACCOUNTS PAYABLE FEBRUARY: 2024-B  CITY OF ENTERPRISE TOTAL  TOWNSEND BUILDING: SUPPLY ACTION OF THE MAYOR APROVAL EXCEPTIONS DATE_  $2,104.30    COPY  Collect Later Order  Enterprise 533 Boll Weevil Circle Enterprise, Alabama 36330 334-347-2224 Delivery Address CITY OF ENTERPRISE ENTERPRIE MUNICIPALAIRPORT ENTERPRISE, AL, 36331  lownsend BUILDING SUPPLY  8047945 01/30/2024 0000228 00241270-00 After 02/24/2024 Mike Hogan This is areprint Page1of1 Total 1,983.75 15.60  Order No Order Date Customer Your Ref Delivery TakenE By  Invoice Address CITY OF ENTERPRISE POBOX311000 ENTERPRISE, AL, 36331  Special Instructions Line Product Code  Notes  Description  Qty/Footage 75ea 2ea  Price Per 26.45 ea 7.80. ea  1 2_SO-GENERIC,S90E MASTER LOCK# 176 PADLOCK 2 2.S0-GENERIC.S0E MASTER! LOCKK71 P251PASSKEY  APPROVED* PO#: 241270_61542 By: MLTH Date:.2-1-2  Total Amount Sales Tax Order Total  $1,999.35 $0.00 $1,999.35  All Special Order sales are Final! No Returns or Exchanges allowed on Special Order Items! Product will be invoiced with 30 days of arrival.  Subject to our terms and conditions of sale. Further copies available onr request    Sales Invoice  Enterprise 533 Boll Weevil Circle Enterprise, Alabama 36330 334-347-2224  Townsend BUILDING SUPPLY  1602647 02/01/2024 NET10TH 0000228 241326 8053325 Mike Hogan  Invoice No Invoice Date Terms Customer Your Ref Our Ref Taken By Tax Cert#  Invoice Address CITY OF ENTERPRISE POI BOX: 311000 ENTERPRISE, AL, 36331 COPY Special Instructions Line Description 8188658- 1 8188567- 2  Delivery Address CITY OF ENTERPRISE POBOX311000 ENTERPRISE, AL, 36331  ALABAMASTATE GOVMT  Page 1of1  PDa4/3a6  Notes  Qty/Footage 3ea 2_ea  Price Per 24.99 ea 14.99 ea  Total 74.97 29.98  ROOF FLASHING-3" LEADO 0007-3 ROOF FIASHIGZLEAD0072  aly Q-me  od44 The invoice is due on 03/10/2024.  Total Amount Sales Tax InvoiceTotal  $104.95 $000 $10495  Paymenti int fulli is duet byt the due dates shown above. lthe invoicei is notp paid by! the due date. Customer agrees topay interest ont theu unpaid balance att ther rate of1. 5% peri month or1 18% per annum oft thet totalf fromt thec datet followingt the due date until the dates sucht balance. plusi interest, isp paidi inf fulic or ther maximump permitted byl law! whichever is lesser): Inthee event that Customer's açcounti is placedin the hands ofa ana attorneyf ford collection, Customer also promisest to; pay! the reasonable  costs and expenses ofs such collection. Goods receivedi in goodo conditionby:  JRAmES C  Dgks  Signature  Cyw    CONTRACT BILLINGS REGISTER  MARCH 5, 2024  1. Whaley Construction Co., Inc.- -  Application No. 13 - $2,027,360.34- Construction = Recreation & Aquatics Center Application No. 14-51,670,079.14- Construction = Recreation & Aquatics Center Application No. 4-$140,946.75 - Construction - New Corporate Hangar  2. Hollon Contracting, LLC-  3. Barge Design Solutions, Inc. - 4. Three Notch Partners- -  Invoice No. 218427 -$ $10,312.76 - Construction Phase Services-) New Corporate Hangar Invoice No. 5-$1,957.50-1 Design/Bid Procurement - FY 2022 TAP Sidewalk Project  TOTAL CONTRACT BILLINGS-S $3,850,656.49    Item Id  Description  Contract Amount 207,992.00 75.00 % 401,232.00 40.00 % 373,684.00 30.00 % 77,043.00 10.00 % 15,839.00 10.00 % 179,570.00 75.00 % 77,477.00 25.00 % 339,679.00 30.00 % 500,000.00 65.00 %  Percent Complete  Total Billed 155,994.00 160,492.80 112,105.20 7,704.30 1,583.90 134,677.50 19,369.25 101,903.70 325,000.00  Previous Billed 145,594.40 160,492.80 112,105.20 7,704.30 1,583.90 134,677.50 15,495.40 33,967.90 325,000.00  Total This Invoice 10,399.60  1605 FEEDERS 1606 POWER BRANCH CIRCUITS 1607 LIGHTING BRANCH CIRCUITS 1608 MECHANICAL EQUIPMENT POWE 1609 TRIMOUT 1610 FIRE ALARM AND AUXILLARY SY: 1611 GENERATOR ROUGH IN &I INSTAL 1612 LIGHTING 1700 CONTINGENCIES. ANDA ALLOWAN 1701 UNFORSEEN Total  3,873.85 67,935.80  23,074,155.00 65.65% 15,147,360.69 13,120,000.35 2,027,360.34  Accompanying Documentation:  GROSS. AMOUNT DUE PLUS ADD-ONS PLUS TAX LESS RETAINAGE AMOUNT DUE TO DATE LESS PREVIOUS PAYMENTS AMOUNT DUE ALLAPPLICATIONS AMOUNT DUE THIS APPLICATION  $15,147,360.69 0.00 0.00 576,853.87 14,570,506.82 12,543,146.48 2,027,360.34 $2,027,360.34  CONTRACTORS Certification:  Approved:  The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work BMott done undert the Contract referred to above! have been applied to discharge inf full all obligations of CONTRACTOR incurred in connection 2/29/2024 equipment incorporated ins said Work or otherwise listedi ino or covered by this Application for Payment will pass to OWNER: att time of payment free and clear ofa alll liens, claims, security interest and encumberances (except such as are covered by Bond acceptable to OWNERI indemnifying OWNER against anys suchl lien, claim, securityi interest or encumberance); and (3) all Work covered byt this Application for Payment is ina accordance with the Contract Documents and not defective as that term is defined int the Contract  with' Work covered by prior Applications for Payment numbered 1 through  inclusive: (2)t title to all Work, materials and  documents. Dated  01/31/24  WHALEY CONSTRUCTION COMPANY, INC.  CONTRACTOR By  Eliymu (Authorized Sighatere) SEAY, SEAY, & LITCHFIELD  Payment of the above AMOUNT DUE THIS APPLICATION is recommended.  02/20/24  Dated  ARCHITECT By  4 SM  (Authorized Signature)  Page 4 of 5    Item Id  Description  Contract Amount  Percent Complete  Total Billed 155,994.00 260,800.80 242,894.60 15,408.60 2,375.85 152,634.50 38,738.50 152,855.55 325,000.00  Previous Billed 155,994.00 160,492.80 100,308.00 112,105.20 130,789.40 7,704.30 1,583.90 134,677.50 19,369.25 101,903.70 325,000.00  Total This Invoice  1605 FEEDERS 1606 POWER BRANCH CIRCUITS 1607 LIGHTING BRANCH CIRCUITS 1608 MECHANICAL EQUIPMENT POWE 1609 TRIMOUT 1610 FIREA ALARM AND/ AUXILLARY SY: 1611 GENERATOR ROUGHI IN &I INSTAI 1612 LIGHTING 1700 CONTINGENCIES, AND, ALLOWAN 1701 UNFORSEEN Total  207,992.00 75.00 % 401,232.00 65.00 % 373,684.00 65.00 % 77,043.00 20.00 % 15,839.00 15.00 % 179,570.00 85.00 % 77,477.00 50.00 % 339,679.00 45.00 % 500,000.00 65.00 %  7,704.30 791.95 17,957.00 19,369.25 50,951.85  23,074,155.00 72.88% 16,817,439.83 15,147,360.69 1,670,079.14  Accompanying Documentation:  GROSS. AMOUNT DUE. PLUS ADD-ONS PLUS TAX LESS RETAINAGE AMOUNT DUE TOI DATE LESS PREVIOUS PAYMENTS AMOUNT DUE ALLAPPLICATIONS AMOUNT DUE THIS APPLICATION  $16,817,439.83 0.00 0.00 576,853.87 16,240,585.96 12,543,146.48 3,697,439.48 $1,670,079.14  Approved: BMott  CONTRACTOR'S Certification:  The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done undert the Contract referred to above have been appliedt to discharge inf full all obligations of CONTRACTOR incurred in connection 2/29/2024 equipment incorporated ins said Work or otherwise! listedi in or covered by this Application for Payment will pass to OWNER att time of payment free and clear of all liens, claims, security interest ande encumberances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against anys suchl lien, claim, security interest or encumberance); and (3) all Work covered by this Application for Payment isi in accordance with the Contract Documents and not defective as that term is definedi int the Contract  with Work covered by prior Applications for Payment numbered 1 through  inclusive: (2) title to all Work, materials and  documents. Dated  02/28/24  WHALEY CONSTRUCTION COMPANY, INC.  CONTRACTOR By  EluyOonu (Authorized Signburéy Seay, Seay, & Litchfield  Payment of the: above. AMOUNT DUE THIS APPLICATION is recommended.  2/29/24  Dated  ARCHITECT By    (Authorized Signature)  Page 4 of 5    PPLICATION AND CERTIFICATION FOR PAYMENT  PAGE ONEOF 4  PAGES:2 Distribution to: OWNER ARCHITECT x CONTRACTOR  OWNER: yofEnterprise 1S. Main St. terprise, AL: 36330 OM CONTRACTOR: llon Contracting, LLC OCat Way than, AL: 36303  APPLICATIONI NO: DATE:02/05/2024 PERIODTO: 01/31/2024  VIA. ARCHITECT: Barge Design Solutions 2047 W. Main St. Dothan, AL: 36301  CONTRACT DATE: 09/18/2024  )NTRACT FOR: New Corporate Hangar for the City of Enterprise ONTRACTOR'S APPLICATION FOR PAYMENT plication is made for payment, as shown below, in connection with the Contract. ntinuation Shect, AIA Document G703, is attached.  The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covercd by this Application for Payment has been completcd in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issucd and payments received from the Owner, andt that current payment shown hercini is now duc.  ORIGINAL CONTRACT: SUM (Design) Net change by Change Orders CONTRACT: SUMTO DATE (Line 1+2) TOTAL COMPLETED & STOREDTO DATE (Column G on G703) RETAINAGE: 5_%of Complcted Work (Column D+ + E on G703) % ofStored Material (Column F on G703) Total Retainage (Lines 5a+ 5b or Total in Column Iof G703) TOTAL EARNED LESS RETAINAGE (Line 4 Less Linc 5 Total) LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 61 from prior Certificate) CURRENT PAYMENT DUE BALANCE TOI FINISH, INCLUDING RETAINAGE (Linc 31 less Linc 6) CHANGEORDER SUMMARY Total changes approved inp previous months by Owner Total approved this Month TOTALS  $ 1,666,837.00 0.00 > 1,666,837.00 640,633.50  CONTRACTOR: By:. State of: ALABAMA Subscribed and swom tot before me this STH day of FEBRUARY2024 Notary Public: MORÇAN PERRY My Commission expires: 25MARCH2025  HOLLON CONTRACTING, LLC.  Catpollon  Date: 02/05/2024 County of: HOUSTON  $ $32,031.68 Included in above  $  32,031.68 608,601.82 S $467,655.07 S 140,946.15 $ 1,026,203.50 DEDUCTIONS  ARCHITECT'S CERTIFICATE FOR PAYMENT In accordancc with the Contract Documents, based on on-site observations and the data comprising the application, the Architect certifics to the Owner that tot the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality oft thc Worki isi in accordancc with thc Contract Documents, and thc Contractor is entitled toj payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED.  Approved: BMott 2/29/2024  140,946.75  ADDITIONS $0.00 s0.00  (Allach explanation ifamount certified 4lesyrom-the-amotumt applied. Initial all figures on this Application and onthe Continuation Sheet that are changed to conform with the amount certified.) This Certificate is not negoliable. The AMOUNT CERTIFIED is payable only tot the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights oft the Owner or Contractor under this Contract. THE AMERICANT INSTITUTE OL RCMIICIEUISTIVTOIZ AVL.N.W. WASHINGTON. DC 20006- 5297  ARCHITECT:, By: MehlGle  Date: zlis/zoz4  s0.00 S0.00  NET CHANGES by Change Order  DOCUMIWIG702 APPLICATIONY AND CIITEATOTTOIYATINT 1992LDIHION AIA 01992  iers may obtain validation of this document by requesting a completed AIA Document D401 Certification of Document's Authenticity from the Licensee.    BARGE  DESIGN SOLUTIONS.  Attention:. J. Barry Mott City of Enterprise 501 S. Main Street Enterprise, AL 36330  Invoice: 0000218427 Invoice Date: 2/9/2024 Project: 3167735 Project Name: Enterprise AP Corporate Hangar Bill Term: **  For Professional Services Rendered Through 1/26/2024  Billings Previous 0.00 6,367.00 3,198.00 5,514.00 6,279.00 0.00  Fee %Complete 0.00 6,367.00 3,198.00 141,477.00 5,514.00 6,279.00 53,078.00  ToDate 0.00 6,367.00 3,198.00 141,477.00 141,477.00 5,514.00 6,279.00 7,961.70  Current 0.00 0.00 0.00 0.00 0.00 0.00 7,961.70 Current Billings 2,351.06 10,312.76 10.312.76 Approved: BMott 2/29/2024  LS-LS **** Default 2050- Airport Project Development 3800- Survey/ Geomatics 6055- Airport Planning/Eng Final Design 7020- Bidding/Negotiation 9000- Geotechnical Report 7100- Construction Admin 7130-RPR Multiplier Labor  0.00 100.00 100.00 100.00 100.00 100.00 15.00  2,351.06  Current Billings Amount Due This Bill  Total Fee: To Date Billings: Total Remaining: MICHAELJ.COLE  215,913.00 173,147.76 42,765.24  Remit To: 615 3rd Avenue! South, Suite 7001 Nashville, TN 372101. Phone: (615) 254-1500] |Fax: (615) 255-6572    INVOICE  DATE: 2/29/2024 INVOICE#: Invoice 05 CUSTOMER ID: Enterprise2021  3N THREE NOTCH PARTNERS BILLTO Barry Mott, P.E. City of Enterprise P.O. Box 311000 Enterprise, Alabama 36331 (334)670-6058 JOB  SHIPTO  Barry Mott, P.E. City of Enterprise P.O. Box 311000 Enterprise, Alabama (334)670-6058 PAYMENTTERMS  FY: 2022 TAP Project DESCRIPTION 95% Complete  Net 10 AMOUNT  Design and Bid Procurement $39,150.00  $1,957.50  TOTAL  $1,957.50  Make all checks payable to Three Notch Partners. Thank you for your business P.O. Box 1223, Troy, AL: 36079, (334) 488-5351, TmaTarehatiPamer.con    ORDINANCE 02-06-24  ANNEXATION, AND ESTABLISH ZONING  An ordinance relating to the Municipality of Enterprise, Coffee andI Dale Counties, Alabama, to alter, WHEREAS, the City Council received a petition dated. January 3,2024 which was filed with the Planning Commission and signed by the following property owners, to wit: Brenda Byrd and Scott Curington, seeking the annexation ofr real estate owned by them and better described int the survey attached to the petition, and the petition was ordered to be filedi int the Minute Books oft the City Council. WHEREAS, with respect tos said petition to annex, the City Council, after due consideration, makes the following determination: That the City of Enterprise has a population in excess of2,000; thatt the real estate described int thes said petition is contiguous tot the corporate limits oft the City of Enterprise, Alabama; that said real estate does not lie within the corporate limits or police jurisdiction of any other municipality; that the said petition seekingt the annexation oft the territory described therein by the City of Enterprise iss signed by the owner ofs said property; that a public hearing was conducted by the Enterprise Planning Commission on. January 23, 2024, after notice concerning the proposed annexation and that said Planning Commission did issue al letter ofrecommendation dated. January 24, 2024 that was filed with the Council as intended which includes the recommendation that the annexation and zoning request be approved; andt that the recommendation ofthe Planning Commission is now duly submitted to and approved byt the City Council; that the said property consists of5 5.4 acres more or less. The accurate BEI ITORDAINEDI BY THE CITY COUNCIL of the City ofl Enterprise, Alabama as follows: SECTIONI. The land described hereini is annexed pursuant to Section 11-42-21, Code of Alabama, SECTION2. The boundaries oft the municipality of Enterprise, Alabama are hereby altered, rearranged and extended to embrace and include within the corporate limits of the City of Enterprise, Alabama, the real estate described ins said petition dated. January 3,2 2024 more particularly set forth in Exhibit" "A" attached hereto, (land description and plot! plan oft the acreage); said annexed property is hereby zoned R- 100 (Residentiall District) in accordance with the recommendation oft the Planning Commission as filed SECTION:3. Upont the passage oft this ordinance, the City Clerk is directed to cause this ordinance to be published once int the newspaper published and of general circulation in Enterprise, Coffee and Dale Counties, Alabama andi is further directed toi file a copy oft the same in the Office oft the Judge of Probate SECTION4. This ordinance shall become effective upon passage and being advertised as provided by  rearrange and extendt the boundaries and corporate limits of Enterprise;  description and plati isa attached tot the request; and now, therefore;  1975.  with the City Council ont this date.  and Revenue Commissioner in Coffee County, Alabama.  law. Adopted this  day of  2024. COUNCIL: District #5 District#l District #2 District# #3 District #4  Council President Turner Townsend Council Member Sonya W. Rich  Council Member Eugene Goolsby Council Member Gregl Padgett  ATTEST: Beverly Sweeney  Council Member Scotty. Johnson    ORDINANCE02-0624  Page 2  Transmitted to the Mayor this Beverly Sweeney City Clerk  day of  2024.  ACTION OF THE MAYOR: Approved this William E. Cooper Mayor  day of  2024.  ATTEST: Beverly Sweeney City Clerk  LANDI FOR ANNEXATION BY THE CITY OF ENTERPRISE  OWNED BY BRENDA BYRD. AND SCOTT CURINGTON  COMMENCING AT A 60DNAIL (ILLEGIBLE) IN THE: SOUTHEAST SIDE OF A36" OAK TREE MARKING1 THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/40F SECTION 26, TOWNSHIP 5 NORTH, RANGE 22 EAST, COFFEE COUNTY, ALABAMA SAID POINT ALSOI BEING THE POINT OF BEGINNING. FROM SAIDI POINT OF BEGINNING THENCE S 8903641" W Al DISTANCEOF 1277.28 FEET TO A 1/2" REBAR WITH CAP STAMPED (CA#27401)ON THE SOUTHI RIGHT OF WAY OF COFFEE COUNTY ROAD: #700 (80' R/W); THENCE ALONG SAID RIGHT OF WAY N 73020'35" EAI DISTANCE OF 995.76 FEET TOA POINT; THENCE CONTINUING ALONG SAID RIGHT OF WAYI IN A CURVETO THE RIGHT HAVING AI RADIUS OF 3717.74 FEET, AN ARCI LENGTH OF 327.39 FEET, WITH A CHORD BEARING ANDI DISTANCE OF N 76°24'42" E, 327.28 FEETTO, A 1/2" REBAR WITH CAP STAMPED (CA#27401); THENCE LEAVING SAID RIGHT OF WAY S 00950'03"E/ A DISTANCE OF: 353.691 FEET TO' THE POINT OF BEGINNING. SAIDI PARCEL! LAYING IN ANDI BEING A PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST. 1/4 OF SECTION2 26, TOWNSHIP: 5 NORTH, RANGE 22 EAST, COFFEE COUNTY, ALABAMA ANDCONTAINING540 ACRES,  MORE OR LESS.    City of Enterprise & PublicWorks Engineering Services 501SMains Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  Department of  - 6 -  OF PROS  REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning commission, P.O. Box 311000, Enterprise, AL36331 PLEASE PRINTOR1 TYPET THEAPPLICATION. REZONING. ANDANNEXATION: MUSTI BE FILEDE FOR BY1 THE! LANDOWNERIS).  APPIICANTNAME: Chapple Hill Land Dev., LLC CONTACT PERSON: Billy Cotter PROPERTY OWNER: Brenda Byrd & Scott Curington ACREAGE OF PROPERTY: +/- 90 Acres ADDRESS ORI LOCATION OFI PROPERTY: Southeast corner of Hwy #27 & Shellfield Road  (Ifother than Applicant)  (Address must bea approved! by thel E9110 Coordinator) PRESENT ZONING: None, Being Annexed CONTACT INFORMATION: MAILING ADDRESS: 531 Boll Weevil Circle (ifc different from above) Street Telephone No(s): (334)347-0048 E-Mail: lly@enlycoter.com  REQUESTED: ZONING: R-1 (AKAF R-100)  Enterprise, Alabama 36330 (334)406-0048  City/State/ZIP  lacknowledge thatlhaver received: a copy of the Rezoning Checklist,andi understand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is Tacknowledge that, unless otherwise determined byt the Building official, atl least one Public Notice: sign must be placed lacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format ofthe: sign(s) must conform to the Planning lacknowledge that it is the policy of the Planning Commission not to consider a rezoning request unless all of the  requested.  along each street which the property fronts.  Commission's requirements.  requirements of the Rezoning Checklist havel been met.  PRINTED NAME: Billy Cotter REPRESENTATIVE: Ron Reeves  OWNER SIGNATURE: SIGNATURE:  -  DEADLINEFOR PUBLICNOTICE: SIGN: January 3,2024  (Consult Planning Department)  Receipt Number  Dates of Receipt    MAP A PRESENT ZONE 700  SARLINRIDK RD  ENTERPRISE CITY LIMITS  27  R-100  AGRIC-2  MAP B PROPOSED ANNEXATION & REZONE  700  ENTERPRISE CITYLIMITS  SAVPRIDIRI  27  R-100  R-T00  AGRIC-2    ANNEXATION & REZONE PLAT CHAPPLE HILL *NW 1/4 OF SECTION 35. TSN, R22E NE SECTION 15N, SW 1/4 OF SECTION % T5N, R2ZE PROPOSED ZONING: R-100 91.76 ACRES JANUARY3,2 2024  m HT  F a  VICINITY MAP NOT TOSCALE   - =.  E  a   B FE EE - $ EE .  F  S  :  E  .  EF 0ER -  SURVEY CERIAICATE SAV CORYE. RUSHING CERTFY KO' AT L E CRYE  PLS  X-1    MREE VEG ENGINEERING & CONSTRUCTIONLLC  January 3, 2024  Mr. Thomas Hardy City of Enterprise Engineering Department 501 South Main Street Enterprise, Alabama 36330  Assistant Director of Engineering Services  Re: Notice ofIntent to Annex Property on Southeast Corner  of) Highway #27 & Shellfield Road from Coffee County into City Limits Enterprise, Alabama Dear Mrs. Hardy,  Please accept this letter as official notice that we would like to be on the agenda for the January Planning Commission meeting for the annexation and review ofthe above  referenced project.  Ifyou should have any questions, please do not hesitate to call.  Sincerely, Be 9s Ron A. Reeves, P.E.    City of Enterprise  Departmentorl Engineering Services & Publc Works  501SMain Street mipAllum.iw Phone (334)3 348-2671 R340312M74  OREP  January 24, 2024 City of Enterprise Enterprise, AL Council Members:  Enterprise City Council Members  The Enterprise Planning Commission held a public hearing on January 23,  2024, to consider and act upon the following request:  Ar request by Chapple Hill Land Development, LLC, on behalfof Brenda Byrd & Scott Curington, for the annexation of5.4 acres of land as shown on Map A, present, and to set zoning at R-100 (Residential District), as shown on Map B, proposed, located at the southeast corner of Ozark Highway and Shellfield Road/County  Road 700.  The Planning Commission recommends that you approve this request.  Sincerely,  CERy Thomas Hardy  Assistant Director of Engineering Services    ORDINANCE02.062+A  BEITORDAINED: BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and hearings as required by law, and following recommendation oft the Planning Commission oft the City of Enterprise, Alabama, previous Zoning Ordinance(s): and the Zoning Map of the City of Enterprise, Alabama, adopted herein and oni file int the Office oft the City Clerk and the Office oft the City Engineering Department, City of Enterprise, is! hereby amended and, as amended, shall reflect Aj parcel ofl land belonging tol Brenda Byrd and Scott Curington being located int the City of Enterprise, COMMENCING ATA6 60I DI NAIL (ILLEGIBLE). IN THE SOUTHEAST SIDE OF A36"C OAK TREE MARKING THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/40F SECTION: 26, TOWNSHIP. 51 NORTH, RANGE: 22 EAST, COFFEE COUNTY, ALABAMA SAID POINT ALSOI BEING' THE POINT OF BEGINNING. FROM SAIDI POINT OF BEGINNING THENCE S 89°36'41" W. A DISTANCE OF 1277.28 FEET TO A 1/2" REBAR WITH CAPS STAMPED (CA#27401) ON THE: SOUTH RIGHT OF WAY OF COFFEE COUNTY ROAD# #700 (80' R/W); THENCE. ALONG SAIDI RIGHT OF WAY S7 73°14'15" W. AI DISTANCE OF 258.58 FEETTO, A 1/2" REBAR WITH CAP STAMPED (CA#22100); THENCEI LEAVING SAID RIGHT OF WAYS 06°33'13" EAI DISTANCE OF 285.52 FEET TO. A 1/2" REBAR WITH CAP STAMPED (CA#22100); THENCESOIP5S53" W Al DISTANCE OF 344.55 FEET TO A 1/2" REBAR WITH CAPS STAMPED (CA#27401); THENCE S01°55'58" W Al DISTANCE OF 265.59 FEET1 TO A 1/2" REBAR WITHCAP STAMPED (CA#27401); THENCE S 01°54'00" W Al DISTANCE OF 151.96 FEET TO A 1/2" REBAR WITH CAP STAMPED (CA#27401); THENCE! S0195656" W. Al DISTANCE OF 151.83 FEETTOA 1/2" REBAR WITH CAP STAMPED (CA#0717); THENCE S 10°23'54"1 EAI DISTANCE OF 532.73 FEET TOA A 1/2" REBAR WITHO CAP STAMPED (CA#0717); THENCE S 68°06'47" E Al DISTANCE OF 134.29 FEETTOAI 1/2" REBAR WITH CAP STAMPED (CA#2210); THENCE S 68°32'45" EA DISTANCE OF 30.091 FEETTOA4 4" OPEN TOPI PIPE; THENCE S3 37°45'13" EAI DISTANCE OF 564.54 FEETTO. A 1/2" OPEN TOP PIPE; THENCES. 12°01'44" W AI DISTANCE OF 544.101 FEET TOA A 1/2" REBAR WITHCAPS STAMPED (PLSC CA#1067-LS); THENCE N 83°12'45" EA DISTANCE OF 1078.82 FEETTO A 1/2" REBAR WITH CAP STAMPED (PLS CA#1067-LS); THENCEI N 00°35'01" W Al DISTANCE OF 59.30 FEET TO A 1/4" REBAR WITHCAP STAMPED (CA#8806); THENCEI N 00°37'04" W Al DISTANCE OF 2657.21 FEETTO' THE POINT OF BEGINNING. SAIDI PARCELI LYING IN ANDI BEING Al PART THE WEST HALF OF1 THE NORTHWEST QUARTER OF SECTION: 35, TOWNSHIP: 51 NORTH, RANGE 22 EAST OF LAND Said property, set out in detail in the records of the Planning Commission and described by Map A(AG- 2, Agricultural District) is amended and, as amended shall be: zoned and described by Mapl B (R-100, Residential District) whichi is attached hereto and isap permanent part oft the Zoning Ordinance andl Map.  follows:  the following:  Coffee County, Alabama and being further described as follows:  CONTAINING 86.35 ACRES, MORE OR LESS.  Duly Passed and Adopted this  dayo of  2024.  COUNCIL:  Council President' Turner' Townsend  District #5  Council Member Sonya W. Rich  District #1  ATTEST: Beverly Sweeney City Clerk  Council Member Eugene Goolsby  District#2    ORDINANCE 02-06-24-A  Page 2  Council Member Greg Padgett District #3  Council Member Scotty. Johnson  District #4  Transmitted to thel Mayor this Beverly Sweeney City Clerk  day of  2024.  ACTION OF THE MAYOR: Approved this William E. Cooper Mayor  day of  2024.  ATTEST:  Beverly Sweeney City Clerk      City of Enterprise 501SMain: Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  Department of Engineering Services & PublicWorks  OF PROS  REZONING APPLICATION and ACKNOWLEDGEMIENT Enterprise Planning Commission, P.O. Box 311000, Enterprise, AL36331 PLEASE PRINTOR TYPE THE APPLICATION. REZONING. AND ANNEXATION MUST BE FILED FOR HITIFIANDOWAERS)  Chapple Hill Land Dev., LLC  Billy Cotter  APPLACANTNAME: (Ifother than Applicant)  CONTACT PERSON:  PROPERTY OWNER: Brenda Byrd & Scott Curington ACREAGE OF PROPERTY: +/- 90 Acres ADDRESS OR LOCATION OF PROPERTY: Southeast corner of Hwy #27 & Shellfield Road  (Address must be: approvedby theE911Cordimaton, PRESENT ZONING: None, Being Annexed CONTACTINPORMATIONA MAILING ADDRESS: 531 Boll Weevil Circle (fdifferent from above) Street Telephone No(s): (334)347-0048 E-Mail: Dlly@eilyonter.com  REQUESTEDZONING: R-1 (AKAR-100)  Enterprise. Alabama 36330 (334)406-0048  City/State/ZIP  Tacknowledge thatlhave received a copy of the Rezoning Checklist, andlunderstand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by the Building official, at least one Public Notice: sign must be placed lacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format ofthe: sign(s) must conform to the Planning lacknowledge that it is the policy of the Planning Commission not to considera rezoning request unless all of the  requested.  along each street which the property fronts.  Commission's: requirements.  requirements of the Rezoning Checklist have been met.  PRINTED NAME: Billy Cotter REPRESENTATIVE: Ron Reeves  OWNER SIGNATURE: SIGNATURE:  DEADLINE FOR PUBLICNOTICESIGN: January 3, 2024  (Consult Planning Department)  Receipt Number  Date of Receipt    MAP A PRESENT ZONE 700  LIPEIDY RD  ENTERPRISE CITY LIMITS  27  R=100  AGRIC-2  MAP B PROPOSED ANNEXATION & REZONE  700 RDL MELPEIDN  ENTERPRISE  CITYLIMITS  27  R-100  R-T00  AGRIC-2    ANNEXATION & REZONE PLAT CHAPPLE HILL *NW. 1/4 OF SECTION 35. TSN, R22E OF SECTION TSN,R22E SW /4 OF SECTION *. T5N, R22E PROPOSED ZONING: R-100 91.76 ACRES JANUARY: 3, 2024  E- HT  E :  N -  VICINITY MAP NOT TOS SCALE  EKEE .  E  :  : 5  EE -HE, $ E .  -    E  EF E -  PRELMNARY SURVEY ACCURACY CERTAÇATE STAIE CORY AND HAT EE DATE REGSTERED SURVEY ABAMA  SAD MENL PLS  X-1    City of Enterprise  Department nt Engmneering Services & PublicWorks  501SMains Street PsANN PhmnetssD3AT FNI33131R-2672  OFPRO  January 24, 2024 City of Enterprise Enterprise, AL Council Members:  Enterprise City Council Members  The Enterprise Planning Commission held a public hearing on January 23,  2024, to consider and act upon the following request:  AI request by Chapple Hill Land Development, LLC, on behalf of Brenda Byrd & Scott Curington, for the zoning of 86.35 acres of land from AG-2 (Agricultural District), as shown on Map A, present, to R-100 (Residential District), as shown on Map B, proposed, located at the southeast corner of Ozark Highway and Shellfield  Road/County Road 700.  The Planning Commission recommends that you approve this request.  Sincerely,  LLS4 Thomas Hardy  Assistant Director of Engineering Services    ORDINANCE 02-06-24-B  BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and hearings as required by law, and following recommendation oft the Planning Commission of the City of Enterprise, Alabama, previous Zoning Ordinance(s) andt the Zoning Map of the City of! Enterprise, Alabama, adopted herein and on file in the Office of the City Clerk and the Office ofthe City Engineering Department, City of Enterprise, is hereby amended and, as amended, shall reflect A parcel of land belonging to Ashton Parrish being located int the City of Enterprise, Coffee County, COMMENCING AT A CAPPED REBAR #0717, MARKING THE INTERSECTION OF THE NORTH RIGHT OF WAYL LINE OF ALABAMA HIGHWAY #27 (80' RIGHT OF WAY), AND THE WEST RIGHT OF WAY OF DOSTER STREET (60' RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY LINE OF DOSTER STREET N 00°09'01" W A DISTANCE OF 189.39 FEET TO A 1/2" OPEN FROM SAID POINT OF BEGINNING, THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE NO 01°20'12" EA A DISTANCE OF 479.31 FEET TO A 1/2" OPEN TOP PIPE; THENCE LEAVING SAID RIGHT OF WAYI LINES S 60°17/46" W A DISTANCE OF 390.68 FEET TOA 1/2" OPEN TOP PIPE; THENCES 81031'29" W Al DISTANCEOF215.18: FEETTOA 1/2" OPEN TOP PIPE; THENCE N 84°03'42" W Al DISTANCE OF 224.54 FEET TOA 1/2" OPENTOP PIPE; THENCE S6 69055'15" W AI DISTANCE OF 144.21 FEETTO, A 1/2" OPEN TOP PIPE; THENCE: S3 38°39'40" W Al DISTANCE OF 141.261 FEET TO A 1/2" OPENTOP PIPE; THENÇES S 16°53'06" W A DISTANCE OF 43.101 FEETTO A 1/2" REBAR WITH CAP STAMPED (PLS CA#1067-LS); THENCE: S 42°52'33" EAI DISTANCE OF 605.80 FEETTO. A 1/2" REBAR WITH CAP STAMPED (PLSCA#I067-LS); THENCEN 49°19'02" EAI DISTANCE OF 25.76 FEET TO Al DISTURBED 1/2" OPENT TOP PIPE WITH CAP STAMPED (CA#0086); THENCE N 49°09'17"EA A DISTANCE OF 100.99 FEETTO A 1/2" OPEN TOP PIPE WITH CAP STAMPED (CA#0086); THENCEN4 49°12'45" EAI DISTANCEOF 101.01 FEETTO. A DISTURBED 1/2" OPEN TOP PIPE WITH CAP STAMPED (CA#0086); THENCE N 49°1247" EAI DISTANCE OF 100.87 FEET TO A 1/2" OPEN TOP PIPE WITH CAP STAMPED (CA#0086); THENCE N 49°14/24" EAI DISTANCE OF 184.51 FEET TO A2" OPENTOP PIPE; THENCE N 80°42'18" EA Al DISTANCE OF 202.45 FEET TO THE POINT OF BEGINNING ON THE WEST RIGHT OF WAY OF DOSTER STREET. SAIDI PARCEL LYING MOSTLY IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP41 NORTH, RANGE: 22 EAST, COFFEE COUNTY, ALABAMA, ANDI PARTIALLY IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 22 EAST, COFFEE COUNTY, Said property, set out in detail in the records of the Planning Commission and described by Map A (R-75- S, Residential District and B-1, Business District) is amended and, as amended shall be zoned and described by Map B(TH-1, Townhouse District) which is attached hereto and isa permanent part of the  follows:  the following:  Alabama and being further described as follows:  TOP PIPE AND ALSO BEING THE POINT OF BEGINNING.  ALABAMA, AND CONTAINING 10.00 ACRES, MORE ORI LESS.  Zoning Ordinance and Map. Duly Passed and Adopted this  day of  2024.  COUNCIL:  Council President Turner Townsend Council Member Sonya W. Rich  District #5  District#1  ATTEST:  Council Member Eugene Goolsby  District #2  Beverly Sweeney City Clerk    ORDINANCE 02-06-24-B  Page 2  Council Member Greg Padgett  District #3  Council Member Scotty. Johnson  District #4  Transmitted tot thel Mayor this Beverly Sweeney City Clerk  day of_  2024.  ACTION OF THE! MAYOR: Approved this William E. Cooper Mayor  day of_  2024.  ATTEST: Beverly Sweeney City Clerk    City ofE Enterprise 5015 SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 Faxt (334)348-2672  Department ot Engineering Services & Public Works    OF PROE  REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.O. Box 311000, Enterprise, AL36331 PLEASE PRINT OR TYPETHEL APPLICATION. REZONINGAND, ANNEXATIONI MUST BE FILEDFORT BY THELANDOWNERIS.  APPLICANT NAME: Ashton BParrish PROPERTY OWNER: Ashton B. Parrish  CONTACTI PERSON: Billy Cotter ACREAGE OF PROPERTY: IO acres  (rother than Applicant)  ADDRESS OR LOCATION OF PROPERTY: D Dosterst. Enterpnec,AL 36330  (Address must bea approvedb by he-Certimator) PRESENT ZONING: R-75S CONTACT INFORMATION: (irdifferent from above) Street  R-L  REQUESTED ZONING: THI  MAILING ADDRESS: 1281 deneva Hghwag.Enteprik.AL 36330  Gty/State/ZIP  Telephone No(s): Billy CotterB34/40éQw8 Ashton Pnteh634389-7775  E-Mail all.punenehsyaaknet  lacknowledge that Thaver received: a copy oft the Rezoning Checklist.andi understand that the: applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by the Building officral, at least one Public Notice sign must be placed lacknowiedge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format of the: sign(s) must conform to the Planning lacknowledge that it is the policy of the Planning Commission not to consider a rezoning request unless all of the  requested.  along each: street which the property fronts.  Commission's requirements.  requirements of thel Rezoning Checklist have been met. REPRESENTATIVE: Billy Lotter  6. d  PRINTED NAME:  AshtpneParrsh  OWNERSIGNATURE: SIGNATURE:  ss  DEADLINE! FOR PUBLICNOTICE: SIGN: danuaye 2024  (Consult Planning Department)  Reccipt Number  Datex of Receipt    MAP A PRESENT  ZONE  S R LJ  /  R-75-S  B-T  MAP B PROPOSED  REZONE  n 3  TH-1  R-75-S  T  B-T    SITE    -  91  VICINITYMAP GRAPHIC. SCALE  NTS   :  :  PLS  STREET COFFE ALABAMA  CoryE E Rushing - COPE A A G 1.7  01    City of Enterprise  Depanmentor Engineering Services & PublicWorks  501SMam: Street PALmANN Phme(s1Ra1 HIRI931R-2  OE  January 24, 2024 City of Enterprise Enterprise, AL Council Members:  Enterprise City Council Members  The Enterprise Planning Commission held a public hearing on January 23,  2024, to consider and act upon the following request:  Arequest by Billy Cotter, on behalfofAshton Parrish, for the rezoning of10 acres of land from R-75-S (Residential District) and B-1 (Business District), as shown on Map A, present, to TH-1 (Townhouse District) as shown on Map B, proposed, located on  Doster Street.  The Planning Commission recommends that you approve this request.  Sincerely,  CLT Thomas Hardy  Assistant Director of Engineering Services    ABC PUBLIC HEARING MARCH 5, 2024  BUSINESS NAME:  M&Y,LLC  DBA:  SAPPORA  LOCATION ADDRESS:  1109 BOLL WEEVIL CIRCLE STE 5 ENTERPRISE, AL 36330  LICENSES APPLYING FOR:  RESTAURANT RETAIL LIQUOR  THIS LICENSE CAN BE VOTED ON MARCH 5, 2024.    421 East Lee Street P. O. Box 311000 Enterprise, AL: 36331-1000  Phone: (334)348-2684 Fax: (334)347-1120 Email: prdenterpisealgov  City nf Enterprise PARKS. AND RECREATION DEPARTMENT  Billy Powell, Director  MEMO  TO: FROM: DATE:  City Council and Mayor Cooper Billy Powell, Director March 5, 2024  SUBJECT:  Request to purchase Two Pick-up Trucks  Please accept this recommendation to award the truck bid #2024-02 to Mitchell CDJR, Inc. for two, 2024 Ram 2500, 2GA, 3 ton, 4-wheel drive, Crew Cab Pick-up Trucks at $42,914.00 each.  Total amount: : $85,828.00  Thank you for your consideration and approval oft this request.  dec  2  2.24-24  Where activities are ageless and benefits are endless!    City of Enterprise  Department of Engineering Services & Public Works 501 S Main Street, Enterprise, Alabama 36330 Phone 034348267,emgnerinngeemterprisalgew  OFPROS  Bid Tabulation  2024-02: 34 Ton, 4WD, Crew Cab Pickup Trucks  February 27, 2024 @ 2:00pm  Trim Deliveryin  Complies with Product Spedlfitations"(Cirdle one) YES YES YES  Bidder: Mitchell CDJR Inc. Bid Bond Included: YES NO  Year Make  Model Package 2500 2GA 2500 2GA  Days 12-18 Weeks 84-126 Days $42,914.00 12-18 Weeks 84-126 Days $42,914.00  Price  NO* NO* NO  Vehicle1 2024 Ram Vehicle2 2024 Ram  *If NO, was the list of deviations under Item 20, PRODUCT SPECIFICATIONS, submitted with the bid package?  Trim Delivery in Model Package Tradesman 2500 Level Grp 1 OnLot Tradesman 2500 Level Grp 1 OnLot  Complies with Product Spedlfitcations"(Cirdle one) YES YES YES  Bidder:  Year Make  Days  Price $48,109.00 $48,109.00  NO* NO* NO  Stivers CDJR (State Bid List)  Vehicle 1 2024 Ram  Bid Bond Included: YES NO Vehicle2 2 2024 Ram  *If NO, was the list of deviations under Item 20, PRODUCT SPECIFICATIONS, submitted with the bid package?  Submittal via email with a spreadsheet with base price and cost of available options.  Trim Model Package F250 F250  Delivery in Days  Complies with Product Specfications"Circle one) YES YES YES  Bidder:  Year Make  Price $47,738.00 $47,738.00  NO* NO* NO  Stivers Ford (State Bid List)  Vehicle1 2024 Ford  XL600A 90 Days XL600A 90Days  Bid Bond Included: YES NO Vehicle 2 2024 Ford  *If NO, was the list of deviations under Item 20, PRODUCT SPECIFICATIONS, submitted with the bid package?  Submittal via email with a spreadsheet with base price and cost of available options.  Page 1of2    Irecommend awarding the bid to Mitchell Chrysler Dodge Jeep Ram.  Ihereby certify that the Bid from Mitchell Chrysler Dodge Jeep Ram was received sealed, publicly opened, and read aloud at the time and place indicated andt that this isa true and correct tabulation of all bids received. Irecommend award oft the contract to the lowest responsible and responsive Biddera as shown above, as determined by  the: available funds and subject to thei instructions to Bidders and any applicable laws.  Ahaynet  Barry Mott, P.E., Bid Purchasing Agent    421 East Lee Street PO. Box 311000 Enterprise, AL: 36331-1000  Phone: (334): 348-2684 Fax: (334)347-1120 Email: prdeenterprisealgox  City nf Enterprise PARKS AND RECREATION DEPARTMENT  Billy Powell, Director  MEMO  TO: FROM: DATE:  City Council and Mayor Cooper Billy Powell, Director March 5, 2024  SUBJECT:  Beverage Bid  Please accept this recommendation to award the beverage bid #2024-03 to Pepsi-Cola Bottling  Company of Luverne.  Thank you for your consideration and approval of this request.  2.29-24  344  Where activities are ageless and benefits are endless!    City of Enterprise  Department of Engineering Services & Public Works 501 S Main Street, Enterprise, Alabama 36330 Phone (334)348-2671, engineering@enterpriseal.goy  OFPROS  Bid Tabulation  2024-03 EXCLUSIVE BEVERAGE RIGHTS Pepsi-Cola Bottling Company ofLuverne  February 27, 2024 @ 2:30pm  Bidder:  Bottle Size in Ounces 20 15.2 20 15 0 20 20 16 20 0  Beverages  Price/Case $27.30 $18.00 $27.30 $32.50 $0.00 $27.30 $27.30 $22.50 $15.00 $0.00 $5,000.00 25%  #/Case 24 12 24 12 0 24 24 12 12 0  Individual Price  Bottled Soft Drinks- 20oz. Fruit. Juices and. Juice containing beverages Bottled Teas Bottled Coffees Canned Soft Drinks- 12 OZ. Bottled Waters- 20 OZ. only Isotonic Drinks Energy Drinks- 20 OZ. only Sports Drinks- 20 OZ. only Frozen Carbonated Beverages Marketing Rights Fee Commission Rate - Vending  $1.14 $1.50 $1.14 $2.71 $0.00 $1.14 $1.14 $1.88 $1.25 $0.00 $5,000.00 25%  Bidder:  Coca Cola Bottling Company United - Central, LLC  Bottle Size in Ounces 20 10 18.5 14 12 20 16 16 20 0  Individual  Beverages  Price/Case $35.50 $24.10 $21.40 $31.80 $17.10 $17.80 $22.30 $47.80 $27.20 $0.00 $1,000.00 25%  #/Case 24 24 12 12 24 24 12 24 24 0  Price $1.48 $1.00 $1.78 $2.65 $0.71 $0.74 $1.86 $1.99 $1.13 $0.00 $1,000.00 25%  Bottled Soft Drinks- 20oz. Fruit. Juices and. Juice containing beverages Bottled Teas Bottled Coffees Canned Soft Drinks- 12 OZ. Bottled Waters- 20 OZ. only Isotonic Drinks Energy Drinks- 20 OZ. only Sports Drinks- 20 OZ. only Frozen Carbonated Beverages Marketing Rights Fee Commission Rate Vending  Page 1 of2    Irecommend awarding the bid to Pepsi-Cola Bottling Company ofLuverne based on overall drink Ihereby certify that these bids were received sealed, publicly opened, and read aloud at the time and place indicated and that this is a true and correct tabulation of all bids received. Irecommend award of the contract to thel lowest responsible and responsive Bidder as shown above, as determined by the available  prices and marketing rights fee as listed.  funds and subject to the instructions to Bidders and any applicable: laws.  ghayn  Barry Mott,P.E., Bid Purchasing Agent  Page 2 of2    City of Enterprise  Department of Engineering Services & PublicWorks  501 SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  PRO  CITY OF ENTERPRISE REQUEST FOR PROPOSALS EXCLUSIVE BEVERAGE RIGHTS BIDI NO.2024-03  The City of Enterprise is seeking proposals from non-alcoholic beverage distributors to develop an exclusive partnership to provide beverage services for all Enterprise Parks & Recreation facilities and concession stands. The City is seeking a method of generating revenue for new capital and program improvements to Park facilities. The partnership agreement would include providing the official beverage distributor with territory exclusivity, category exclusivity and exclusive vending locations for all Enterprise Parks & Recreation facilities. The proposal submitted and the contract, if awarded, shall be in complete accordance with, without limitation, this request for proposal, the City of Sealed proposals shall be submitted on the prescribed form at the Bid Purchasing Agent's office in the Engineering Department at the Enterprise Farmers Market, 525 N. Main St., Enterprise, Alabama, until 2:30 p.m. (CST), on Tuesday, February 27, 2024. Proposals received after this time and date will not be accepted or considered. Proposals shall include one (1) original, four (4) copies and one (1) digital copy, in PDF format. A copy oft the bid package may be obtained from the Purchasing Agent's office by contacting Kim Hughes at The bidder may visit (by appointment only) all Parks & Recreation Facilities to assess scoreboard, sign and equpment/vending machine placement, and other requirements based on facility structure, available space, etc. Contact Enterprise Parks and Recreation at Questions regarding this solicitation may be directed to Barry Mott at (334)348-2671  Enterprise specifications, all applicable codes and requirements.  hugheseenteprisalgow  (334) 348-2684 to: schedule an appointment.  bmotteenterprisalgo,  Advertisement for Bids  Pagel!    BIDNO.2024-03  BIDI NO. 2024-03 INSTRUCTIONS' TO BIDDERS  1. EXAMINATION OF CONTRACT DOCUMENTS  a. Itis the responsibility of each Bidder before submittingal Bid:  Toexamine thoroughly the Contract Documents and otherrelated data ii. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing the item; iii. Tostudya and carefully correlate Bidder'sknowledge and observations with the Contract Documents and such other related data; and iv. To promptly notify Owner of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. b. The submission ofa Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon furnishing the Bid as required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that bidder has given Owner written notice ofall conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Owner is acceptable to bidder, and that the contract Documents are generally sufficient to indicate and convey  identified in the Bidding Documents;  understandingofall terms and conditions.  2. INTERPRETATIONS AND. ADDENDA  a. All Questions about the meaning or intent of the Bidding Documents are to be directed to Owner. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Owner as having received the Bidding Documents. Questions must be received in writing no later than 72 hours prior to the bid opening datea and time. Any questions received after this date may not be answered. Only questions answered by formal written Addenda will be binding. Onlandolterintepreationsordanfiatons willl bewithout b. Addenda may also be issued to modify the Bidding Documents as deemed  legal effect. advisable by Owner.  3. SUBCONTRACTORS, SUPPLIERS AND OTHERS  a. Ifrequired, the Owner requests the identity of any Subcontractors, Suppliers or other persons or organizations to be submitted to the Owner on the Bid Form. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization.  Instructions to Bidders  Page 1    BIDNO.2024-03  4. SUBMISSION OF BIDS  a. Bids shall be submitted at the time and place indicated in the Advertisement b. Each bid must be submitted in an opaque sealed envelope submittal  for Bid. designated as:  RFP - EXCLUSIVE BEVERAGER RIGHTS Bid No.: 2024-03 Date: February 27,2024 Include Respondent's name and address, The BID: shall be: addressed to: CITY OFI ENTERPRISE Attention: Barry Mott Purchasing. Agent 501 South Main! Street Enterprise, Alabama 36330  BIDSs submitted by mail shall be submitted in a separate mailing envelope. d. BIDS in the case of a corporation not chartered in Alabama, must be accompanied by proper certificate evidencing that such a corporation is  authorized to do business in the State ofA Alabama.  . MODIFICATION, AND WITHDRAWAL OFE BIDS  a. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where bids are tol be submitted ata any time prior to the opening of Bids. b. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable. satisfaction of Ownert that there was a materiala and substantial mistake in the preparation ofits Bid,t that Bidder may withdraw its Bid and the  Bid security will be returned.  6. BID1 TOI REMAIN SUBJECT1 TO ACCEPTANCE  AII bids will remain subject to acceptance for sixty (60) days after the day of the Bid  opening, but Owner may, ini its sole discretion, release any Bid.  7. - AWARD OF CONTRACT  a. Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all non-conforming non-responsive, unbalanced or conditional Bids and to reject the Bid ofa any Bidder if Owner believes that it would not bei int the best interest of the Cityt to make an award to that Bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner or based ona any other reason made in good faith. Owner also reserves the right to waive all informalities not involving price, time or changes in the delivery schedule and to negotiate contract terms with the Successful Bidder. Discrepancies between the  Instructions to Bidders  Pagel 12    BIDNO.2024-03  multiplication of units and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicate sum ofany column of figures and the correctsum thereofwill be resolved in favoro of the correct sum. b. Ine evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award and any other consideration which Owner Owner may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the item when such data is required to be submitted prior to the Notice of Award and any other consideration which d. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation ofany Bid and to establish responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to furnish thei item in accordance with the Contract Documents to Owner's: satisfaction within the prescribed time. e. Ift the contract is to be awarded, it will be awarded to the successful Bidder whose evaluation by Owner indicates to Owner that the award will be in the Ift the contract is to be awarded, the Owner will give the Successful Bidder a notice of Award within sixty (60) days after the date of the Bid opening.  determines, in good faith, isi importanttoit.  Owner determines, in good faith, isi important toi it.  best interests ofthe City.  8. CONTRACT OF SECURITY  When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds, if applicable. Attorneys-in-fact who sign all bid bonds must file with each bond a certified and  effectively dated copy oftheir power ofattorney.  9. LAWS AND REGULATIONS  The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations ofa all authorities havingi jurisdiction overthe project shall apply to the contract throughout, and they will be deemed to be included  in the Contract the same as though herein written out in full.  10. PURCHASE OF MATERIALS  The Owner is a municipality of the State of Alabama, and as such, its purchases, consumption and use ofg goods, materials and supplies are exempt from. Alabama sales and use tax. Contractor shall agree to cooperate in availing the Owner of exemption  ofany such sales and use taxes to maximum extent feasible. 11. BEVERAGE DISTRIBUTION PROPOSAL! AND AGREEMENT Ata minimum, the bid should include the following:  Instructions to Bidders  Pagel 13    BIDNO.2024-03  The contract period shall be for a three (3), year period beginning January 1, 2024, through December 31, 2027. Written notice ofi intent to renew: shall not be required. The City may terminate this contract at any time without cause, in whole or in part, upon giving the vendora thirty (30) day written notice. Upon such cancellation, the Vendor shall cease services. The Vendor may not cancel the award during the first year ofthe contract period. After the first year, the Vendor may, upon sixty (60) day written notice to the City, cancel The City of Enterprise will grante exclusive rights toj provide and derive revenue from non - alcoholic beverages eitherthrough wholesale distribution to Enterprise Parks & Recreation orat third-party contract concessionaire: and vending machines located at Enterprise Parks & Recreation facilities. During the term oft this agreement, no other beverage as defined in this agreement shall be: advertised at the facilities owned and operated by Enterprise Parks & Recreation than the Vendor's. Fort the exclusive rights listed above, the successful vendor Payt to the City of EnterpriseaMarketing Rights Feec ofaminimmmals50001 foreach year of contract. in: a guaranteed! lumpsum dellaramoantwithin fourteen(14) Payaset commission rate olaminimumot2s-hon. all gross revenues froms vending machinesales in monthly installments. The monthly commission rate provided: shall be paid: as agreed during the contractperiod: and must remain firm for the full three Supply, at no cost to the City, all state ofartequipment with the latest technology necessary to dispense products at the Enterprise Parks & Recreation facilities which 1. Minimum of two merchandise bottle coolers at each concession location; 3. Refurbishment/Replacement ofa all vending machines at alll EPRD facilities; 4. Banners, tournament and event drinks, and rolling coolers. All rights, titles and interest to equipment supplied, unless specifically: stated, shall: at all times remain with the successful Vendor. The City of Enterprise will: supply at no costt to Supply atr no cost to City of Enterprise all service necessary on said equipment to maintain peak operating capacity. The Vendor shall supply all routine repairs after notification of need within twenty-tour (24) hours. The Vendor shall: supply all time sensitive repairs within four (4) hours of notification and shall provide an afterhours contact number fora live person and not an answering service or machine. Service shall include, without cost, the repair and preventive maintenance of the equipment and replacement of any necessary partsi including all disposable parts, such as filters. This does not include the routine regular cleaning oft the equipment after use. The Vendor: shall provide an annual preseason start-up  the contract.  agrees to the following minimums:  calendar days after notification of contractaward.  (3)yearperiod oft the contract.  shall include, but not bel limited to: 2. Menu boards at each location;  Vendor all utility service to operate equipment.  Instructions to Bidders  Pagel 14    BIDNO.2024-03  and post-season winterization ofall applicable equipment at all locations ona mutually The Vendor shall furnish, deliver, install, service, maintain and fill with product, at no cost to City, except for utility service, all canned and bottled soft drink, water, and juice vending machines. The Vendor shall furnish new state oft the art machines with state-of-the-art energy saving devices at the start ofcontract. Vendor shall supplyap product list for drink vending machines. The City shalll have the choice ofp products to be stocked in the machines. The Vendor shall assume all risk and responsibility for any loss, destruction, or damage occurring to the machines or vending equipment. The Parks and Recreation Department: requests that the vendor supply the front desk with refund monies for money lost in the vending machines. These funds shall be replenished regularly by the vendor. All current vending agreements will be: superseded by this agreement. The Vendor shall locate machines in locations in the Enterprise Parks & Recreation facilities as determined by the City of Enterprise. Product selection ofeach machine shall be determined by the City of Enterprise. Each machine shall include a one-dollar bill validator and a multi-price coin The Vendor agrees to provide monthly product summery sales reports for each machine by each location. Vendor shall institute a refund policy to include a set reserve amount supplied to offices at each location to be refreshed at each restocking time. Vendor shall restock machine on aset schedule approved by the City of Enterprise.  agreeable date.  mechanism.  The Vendor also agrees to the following:  1. Furnish and install new state of the art scoreboards, sign marquees with digital message boards, and control boards and systems for all existing scoreboards as determined by the City of Enterprise; 2. Refurbish the outside ofall erstingsorehoardy/aa: determined by the 3. Provide service, repair, and maintenance at no charge, at the following  City of Enterprise; locations:  Griffin Field Donaldson Park Softball Complex Recreation Center Concessions Stands1,2,83 Bates Memorial Stadium New Recreation and Aquatics Center  The Vendor agrees to furnish, install, service and maintain mutually agreed upon additional scoreboards, TV's, and/or marquee signs in the event of future expansion of Enterprise Parks & Recreation facilities. The City will: supply all utility connection necessary. The City of Enterprise reserves the right to approve the addition of any advertising upon the scoreboards other than The Vendor'sp products covered in this agreement.  Instructions to Bidders  Page 15    BIDN0.2024-03  The Vendor shall provide at no cost to the City of Enterprise. all service necessary on said scoreboards and all other existing scoreboards: and signs to maintain peak operating capacity. The City of Enterprise requires each board to be inspected each month and serviced as needed during peak use time. Minimum response time for routine repairs shall be twenty-four (24) hours from notification ofneed, unless unforeseen complications arise which The Vendor shall notify the City of Enterprise and for time sensitive repairs, as quickly as possible from notification. The City of Enterprise will determine how to view each situation. The Vendor shall provide an afterhours contact number for a live person and not an answering service or machine. Service will include, without cost, the repairand preventive maintenance oft the scoreboards and signs and replacement ofany necessary parts. The Vendor shall provide an annual preseason start-up and post-season winterization ofall applicable scoreboards at all locations on a mutually agreeable date. The Vendor agrees to furnish one trailer with 1,000 free cups and drinks for one day annually at no cost to the City of Enterprise. Vendor agrees to provide, at no cost to the City of Enterprise drinks, cups and three (3) portable 36-quart ice chests fora hospitality room and free 8 OZ cups to use in team areas for the following: 1. Two (2) district all-star tournaments: 3 cases of one-liter drinks and 300 cups 2. Every all-star tournament above thel level of district; 3. Every district and state meet hosted by City of Enterprise Parks and The Vendor agrees that during the entire term of this agreement, all beverage products, fountain, and cups must be purchased from the Vendor through its agent. In the event of the City of Enterprise leasing the concession operations to ai third party, the third party will be bound by the terms of this agreement. Beverages shall be defined as any and all non- alcoholic drinks and beverage bases from which these can be prepared, such as syrups, except hot brewed tea and milk. "Beverage" does not, for the purposes of this agreement, include standard water coolers or fountains customarily installed for use by the public or The City of Enterprise will determine the menu items at each concession location. The Vendor shall assist the City of Enterprise in productselection, preparation, presentation, sizing, and pricing, as needed, to maximize the concession revenues and profits. The Vendor shall be required toi install additional vending equipment (bottles and cans), merchandise coolers, fountain beverage equipment and ice making machines as new buildings become available for occupancy and as new areas are added to existing facilities. The City maya add or delete vending service areas as needed.The City must approve any and all equipment In the event any of the covenants, agreements, terms or provisions contained in this Agreement shall bei invalid, illegal or enforceable in any respect, the validity of the remaining covenants, agreements, terms and provisions contained herein shall not in: any  per event; Recreation.  meal replacement drinks (smoothies).  and location of installation.  way be affected, prejudiced or disturbed thereby.  Instructions to Bidders  Page 16    BIDI NO.2024-03  Ifeither the Vendor or the City of Enterprise fails to perform any of the promises set forth in this Agreement, then as an option but not asi its sole remedy, the other party may terminate this Agreement; provided, however,such termination for cause must be for a material breach of this Agreement and the terminating party must have given the other party written notice of the breach and the other party failed to remedy or cure the breach within thirty (30) days of such notice. Ifthis Agreement is terminated for any reason, the City of Enterprise agrees to return to the vendor a pro rata portion oft the guaranteed dollar amount made to the City of Enterprise. Further, any such breach by the City of Enterprise shall be deemed as authorization to the Vendor to allow iti immediate access to the Enterprise Parks & Recreation facilities to take possession ofe each and every piece ofthe Any failure by either party hereto to enforce at any time or for any period of time any one or more ofthe terms or conditions oft this agreement, shall not be a waiver ofsuch terms or conditions or ofeither party's right thereafter to enforce each and every term and condition Iti ist mutually understood and agreed and iti is the intent of the Vendor and the City of Enterprise, that an independent contractor relationship be established and is hereby established under these terms and conditions of this Agreement; that the employees of the City of Enterprise are not, nor shall they be deemed to be employees of the Vendor; and, that employees of the Vendor are not, nor shall they be deemed to be employees of the City Either party hereto without the express written consent of the other may not assign this Agreement. This Agreement fully expresses the entire understanding of the' Vendorand the City ofl Enterprise.. Any and all prior understandings are hereby cancelled. No future changes in the terms oft this Agreement shall be valid, except when and ifreduced to writing and signed by both the Vendor and The City of Enterprise by legally authorized officials thereof. The City of Enterprise and the Vendor agree that disputes relative to the services performed should first be addressed by good faith negotiations between the parties directly involved.If said negotiations fail to resolve the dispute, the Purchasing Agent as contract administrator will seek to resolve the situation. Ifthis fails to resolve the dispute, the party initiating the claim that is the basis for the dispute shall be free to take such action as it deems necessary to protect itsi interest; provided however, that notwithstanding: any such dispute the Vendor shall proceed with the services as per the Agreement as ifr no dispute existed, and provided. Ifthe Vendor refuses to continue to honor this section, the City of Enterprise reserves the right to purchase product from whatever source it deems necessary. The Vendor agrees to permit periodic audits ofi its financial records related to the performance oft this contract by the City of Enterprise or its appointed Agent. The City of Enterprise agrees to discuss with the Vendor the possible participation in special joint fundraising activities. The Vendor shall exercise precaution at all times for protection ofall persons, including employees and property. The Vendor shall comply with alla lapplicable laws, rules, regulations or ordinances related to safety and health, and shall make special effort to anticipate and detect hazardous conditions and shall take such precautionary: and prompt action where loss control/safety measures should reasonably be expected. The City  Vendor'se equipment without any claim oft trespass.  ofthis Agreement.  of Enterprise.  Instructions to Bidders  Page17    BID NO.2024-03  may order work tol be stopped at any time, without liability, ifconditions exists that present immediate danger to persons or property. The Vendor acknowledges that such stoppage,or failure to stop, will not shift responsibility for damages from the Vendor to the City of Prices shall not include State or Federal Excise' Taxes. Tax exemption certificates furnished upon request. The City reserves the right to accept or reject all bids or any portion thereof. All bidders understand and acknowledge that in order for a bid award to bind the Owner, the Ownera and successful Bidder must execute a contract or purchase order for the item(s) after the bid is awarded by the awarding authority. Bid awards to one or more successful Bidders shall remain conditional as to the Owner's obligations until sucha a contract is  Enterprise.  executed by both sides.  Instructions to Bidders  Page 18    City of Enterprise  Department ot Engineering Services & Public Wock:  5015Mann Sircet haterpnse. Alabama 3n330 Phenet334) 318-2n71 FXINRTH.2a7  BIDNO.2024-03 BIDFORM  Brands shall mean any and all Beverages sold and distributed by The Vendor and any and all beverages the  Vendor may: sell or distribute in the future including, but not limited to:  Beverages  Price $ $27.30 $ $27.30 $ $32.50 $ $ $27.30 $ $27.30 $ $22.50 $ $15.00 $  Case or Individual Serving $1.14 (24-count) $1.50 (12-count) $1.14 (24-count) $2.71 (12-count) $1.14 (24-count) $1.14 (24-count) $1.88 (12-count) $1.25 (12-count)  Bottled Soft Drinks- 200z.  Dole Fruit Juices and Juice containing beverages $ $18.00  Lipton Iced Teal Bottled Teas Starbucks Bottled Coffees Canned Soft Drinks- 12 0Z. Aquafina Bottled Waters- 20 OZ. only Gatorade Isotonic Drinks Celsius/Rockstat Energy Drinks- 20 OZ. only Propel Sports Drinks- 20 0Z. only Frozen Carbonated Beverages Marketing Rights Fee (Minimum $5,000) Per Year Set Commission Rate on Gross Revenues from Vending Machines (Minimum 25%)  - 5,000.00*  PerYear Monthly  25 %  *Plus $1,000.00 contribution per contract year for the digital marquee sign. Total $6,000 annually  Ihereby affirm Ihave not been in any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding or otherwise.  Company. Pepsi-Cola Bottling Company of Luverne Signature. Eeihat -  THIS DOCUMENT MUST BE NOTARIZED  By. Jeremiah Judah Date_ February 26, 2024 Phone No.  Bupausdhoxdes  0(334)335-6521 C (334)525-0875  Sworn to and subscribed before me this. February Notary Public Commission Expires:  day  Bth AR  Email Jeremanudan@pepsltuverne.com    2024-2026 Enterprise Parks and Recreation Contract Addendum Information  11) Beverage Distribution Proposal and Agreement renewal periods (total of five (5) years).  Page 4.  The proposed contract shall bei for a three (3) year period plus two (2) one-year automatic contract *25% minimum commission rate will be paid on Pepsi Full-Service* vending machines.  Pepsi Full-Service Vending*  Pepsi owns coin changer and beverage inventory. Pepsi fills vendor and collects money. Commission checks paid monthly.  Enterprise Parks and Recreation has no responsibility, no liability, no investment.  *No commission will be paid by Pepsi if a Third-Party concession provider fills vending machines. *Pepsi will supply concessions coolers based on each facility's needs. Based on site surveys, the cooler supply count provided by Pepsi will be 23 coolers. Bid form requests two per location (12). *Pepsi will supply all parts and services for Pepsi owned equipment (coolers and scoreboards). For Enterprise Parks and Recreation owned scoreboards, Pepsi will provide labor at no charge, but Enterprise Parks and Recreation will be responsible for reimbursing Pepsi the cost of the replacement parts. *Pepsi retains ownership of all equipment and scoreboards purchased and installed for Enterprise Parks  and Recreation Bid No. 2024-03.  Page 5.  *Pepsi will provide refund monies for money lost in Pepsi Full-Service* vending machines. No refund monies will be provided by Pepsi iifal Third-Party concession provider fills vending machines. *Pepsi will provide a $1,000 contribution per year for the contract period for the digital messaging board *Pepsi will provide exceptional same day service for equipment repairs Monday-Friday). Weekend *Pepsi will provide (8) scoreboards to replace outdated/old scoreboards. Pepsi will identify (5) Enterprise Parks and Recreation owned scoreboards with Pepsi branding/trademark. *Pepsi will provide up to (20) flat-screen televisions for use in the multi-purpose facility as scoreboards. Enterprise Parks and Recreation to provide TV specifications. Enterprise Parks and Recreation is responsible for providing all related stands, installation, set-up, software, hardware, necessary to operate  marquee.  service response time will depend on the severity of the service issue.  televisions as a scoreboard.  Page 6. providers.  *Pepsi will not provide ice making equipment, fountain equipment, or slushy/frozen beverage equipment. Pepsi will partner and be flexible with Enterprise Parks and Recreation on frozen beverage    Bid Form  *Bid Form requests 'Energy Drinks  20oz Only'. Pepsi has both 12oz and 16oz energy drinks available (Ceisius, Rockstar, Amp). Pepsi has al huge portfolio of brands for Enterprise Park and Recreation to *Pepsi Luverne will also provide Community Coffee service and equipment. Pricing sheet included. *Bid Form pricing quote provided is for 2024 calendar year. Subsequent contract years may be subject  choose from. Pricing sheeti included.  to costs of goods increases. 30-day notice of pricing increases will be provided.     VERNE  PEPSI  Effective March 1-December 31, 2024  Enterprise Park and Recreation Concessions  Discountzr $7.70 $7.70 $5.00 $2.00 $1.00 $5.00 $3.50 $0.75 $7.70 $1.50 ($0.50) $2.50 $1.00 $2.50 $2.50 $2.50 $9.00 $6.00 $4.05 $7.70 $0.00 $0.00  CSD Package/Pack 24/20oz PET Bottles Water Aquafina 20oz PET Bottles LifeWTR 20oz Bottles Gatorade Water 700ml Bottles evian Natural Spring Water 750ml Bottles Core Hydration 20oz Bottles Propel Enhanced Water 20oz Bottles JuicehTear Dole/Ocean Spray Juices 15.2oz PET Bottles Lipton Iced Tea 20oz PET Bottles Lipton Pure Leaf Tea 18.5oz PET Bottles RockStar &/ AMP Energy - 16oz Can Celsius Live Fit Energy- 12oz Can Celsius Essentials Energy 16oz Can Coffee/ProteinDalry Starbucks Doubleshot-Energy 15oz Can Starbucks Pink/Paradise Drink 14oz PET Bottle Starbucks Frappuccino - 13.7oz Glass Muscle Milk 25g - 14oz PET Muscle Milk Pro 40g - 14oz PET YooHoo 15.5 5oz Bottles Gatorade. Gatorade 20oz PET Bottles Gatorlyte - 20oz Bottles CommunityCoffee Community Coffee Café Special 40/20z.  UnitCount WholesaleCost Allowance  Inyoice, Cost Unit Gost $27.30 $27.30 $30.00 $16.50 $17.95 $30.00 $15.00 $18.00 $27.30 $18.00 $22.50 $22.50 $24.00 $32.50 $32.50 $32.50 $30.00 $35.00 $25.95 $27.30 $23.50 $48.95  24 24 24 12 12 24 12 12 24 12 12 12 12 12 12 12 12 12 24 24 12 40  $35.00 $35.00 $35.00 $18.50 $18.95 $35.00 $18.50 $18.75 $35.00 $19.50 $22.00 $25.00 $25.00 $35.00 $35.00 $35.00 $39.00 $41.00 $30.00 $35.00 $25.50 $48.95  $1.14 $1.14 $1.25 $1.38 $1.50 $1.25 $1.25 $1.50 $1.14 $1.50 $1.88 $1.88 $2.00 $2.71 $2.71 $2.71 $2.50 $2.92 $1.08 $1.14 $1.96 $1.22  Energy    City of Enterprise  Department of Engineering Services & Public Works  501 SMain: Strect Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  CITY OF ENTERPRISE REQUEST FOR PROPOSALS EXCLUSIVE BEVERAGE RIGHTS BID NO. 2024-03  The City of Enterprise is seeking proposals from non-alcoholic beverage distributors to develop an exclusive partnership to provide beverage services for all Enterprise Parks & Recreation facilities and concession stands. The City is seeking a method of generating revenue for new capital and program improvements to Park facilities. The partnership agreement would include providing the official beverage distributor with territory exclusivity, category exclusivity and exclusive vending locations for all Enterprise Parks & Recreation facilities. The proposal submitted and the contract, if awarded, shall be in complete accordance with, without limitation, this request for proposal, the City of Sealed proposals shall be submitted on the prescribed form at the Bid Purchasing Agent's office in the Engineering Department at the Enterprise Farmers Market, 525 N. Main St., Enterprise, Alabama, until 2:30 p.m. (CST), on Tuesday, February 27, 2024. Proposals received after this time and date will not be accepted or considered. Proposals shall include one (1) original, four (4) copies and one (1) digital copy, in PDF format. A copy of the bid package may be obtained from the Purchasing Agent's office by contacting Kim Hughes at The bidder may visit (by appointment only) all Parks & Recreation Facilities to assess scoreboard, sign and equipment/vending machine placement, and other requirements based on facility structure, available space, etc. Contact Enterprise Parks and Recreation at Questions regarding this solicitation may be directed to Barry Mott at (334).348-2671  Enterprise specifications, all applicable codes and requirements.  ngieeenteprseagew  (334)348-2684 to schedule an appointment.  bmerteenterprisealgo,  Advertisement for Bids  Page I1    BIDNO.2024-03  BIDNO.2024-03 INSTRUCTIONS TO BIDDERS  1. EXAMINATION OF CONTRACT DOCUMENTS  a. Itist the responsibility of each Bidder before submitting a Bid:  Toexaminet thoroughly the Contract Documents and otherrelated data ii. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing the item; iii. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and iv. To promptly notify Owner of all conflicts, errors, ambiguities or discrepancies which Bidderhas discovered in or between the Contract b. The submission ofa Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon furnishing the Bid as required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that bidder has given Owner written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Owner is acceptable to bidder, and that the contract Documents are generally sufficient to indicate and convey  identified in the Bidding Documents;  Documents and: such other related documents.  understanding of all terms and conditions.  2. INTERPRETATIONS AND ADDENDA  a. All Questions about the meaning or intent oft the Bidding Documents are to be directed to Owner. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Owner as having received the Bidding Documents. Questions must be received in writing no later than 72 hours prior to the bid opening date and time. Any questions received aftert this date may not be answered. Only questions answered by formal written Addenda willl be binding. Oral andotherinterpretations or clarifications will bewithout b. Addenda may also be issued to modify the Bidding Documents as deemed  legal effect. advisable by Owner.  3. SUBCONTRACTORS, SUPPLIERS AND OTHERS  a. Ifrequired, the Owner requests the identity ofa any Subcontractors, Suppliers or other persons or organizations to be submitted to the Owner on the Bid Form. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization.  Instructions to Bidders  Page I1    BIDNO.2024-03  4. SUBMISSION OFI BIDS  a. Bids shall be submitted at the time and place indicated in the Advertisement b. Each bid must be submitted in an opaque sealed envelope submittal  for Bid. designated as:  RFP- - EXCLUSIVE BEVERAGE RIGHTS Bid No.: 2024-03 Date: February 27,2024 Include Respondentsname and address. Thel BID: shall be addressed to: CITY OF ENTERPRISE Attention: Barry Mott Purchasing Agent 501 South Main Street Enterprise, Alabama 36330  BIDS submitted by mail shall be submitted in as separate mailing envelope. d. BIDS in the case of a corporation not chartered in Alabama, must be accompanied by proper certificate evidencing that such a corporation is  authorized to dol business in the State of Alabama.  5. MODIFICATION, AND' WITHDRAWAL OF BIDS  a. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place wherel bids are to be submitted at any time prior to the opening of Bids. b. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there wasar material and substantial mistake int thej preparation ofits Bid, that Bidderr may withdraw its Bid: and the  Bid security willl be returned.  6. BID TO REMAIN: SUBJECT TO ACCEPTANCE  Alll bids will remain subject to acceptance for sixty (60) days after the day of the Bid  opening, but Owner may, ini its sole discretion, release any Bid.  7. AWARD OF CONTRACT  a. Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all non-conforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not bei in thel best interest oft the City to make an award to that Bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner or based on any other reason made in good faith. Owner also reserves the right to waive all informalities not involving price, time or changes in the delivery schedule and to negotiate contract terms with the Successful Bidder. Discrepancies between the  Instructions to Bidders  Pagc 12    BIDI NO.2024-03  multiplication of units and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicate sum of any column of figures and the correct sum thereof will be resolved in favor oft the correct sum. b. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested int the Bid Form or prior to the Notice of Award and any other consideration which Owner Owner may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the item when such data is required to be submitted prior to the Notice of Award and any other consideration which d. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish repmsibily,quaifations and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to furnish thei item in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. e. Ifthe contract is to be awarded, it will be awarded to the successful Bidder whose evaluation by Owner indicates to Owner that the award will be in the Ifthe contract is to be awarded, the Owner will give the Successful Biddera notice of Award within sixty (60) days after the date ofthe Bid opening.  determines, in good faith, isi important to it.  Owner determines, in good faith, is important toit.  best interests of the City.  8. CONTRACT OF SECURITY  When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds, if applicable. Attorneys-in-fact who sign all bid bonds must file with each bond a certified and  effectively dated copy oft their powero ofattorney.  9. LAWS AND REGULATIONS  The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations ofall authorities having jurisdiction overt the project shall apply to the contract throughout, and they will be deemed to bei included  in the Contract the same as though herein written out in full.  10. PURCHASE OF MATERIALS  The Owner is a municipality of the State of Alabama, and as such, its purchases, consumptiona and use of goods, materials and supplies are exempt from. Alabama sales and use tax. Contractor shall agree to cooperate in availing the Owner of exemption  ofany such sales and use taxes to maximum extent feasible. 11.BEVERAGE DISTRIBUTION PROPOSAL AND AGREEMENT Atai minimum, the bid should include the following:  Page 13  Instructions 1o Bidders    BIDI NO.2024-03  The contract period shall be for at three (3) year period beginning) January 1, 2024, through December 31,2027. Written notice ofi intent to renew shall notl be required. The City may terminate this contract at any time without cause, in whole or in part, upon giving the vendora a thirty (30) day written notice. Upon such cancellation, the Vendor shall cease services. The Vendor may not cancel the award during the first year of the contract period. After the first year, the Vendor may, upon sixty (60) day written notice to the City, cancel The City of Enterprise will grant exclusive rights to provide and derive revenue from non - alcoholic beverages either through wholesale distribution to Enterprise Parks & Recreation orat third-party contract concessionaire and vending machines located at Enterprise Parks & Recreation facilities. During the term ofthis agreement, no other beverage as defined in this agreement: shall be advertised at the facilities owned and operated by! Enterprise Parks & Recreation than the Vendor's. For the exclusive rights listed above, the successful vendor Pay to the City of Enterprise a Marketing Rights Fee ofa minimum of$ 5.000 for each year of contract, inas guaranteed lump sum dollar amount within fourteen (14) Payasetcemmission rate ofai minimum of 25% on all gross revenues from vending machine sales in monthlyi installments, The monthly commission rate providedshall bepaid: as agreed. during the contract period and must remain firm for the full three Supply, at no cost to the City, all state ofa art equipment with the latest technology necessary to dispense products at the Enterprise Parks & Recreation facilities which 1. Minimum of two merchandise bottle coolers at each concession location; 3. Refurbishment/Replacement of all vending machines at all EPRD facilities; 4. Banners, tournament and event drinks, and rolling coolers. All rights, titles and interest to equipment supplied, unless specifically stated, shall at all times remain with the successful Vendor. The City of Enterprise will supply at no costt to Supply at no cost to City of Enterprise all service necessary on said equipment to maintain peak operating capacity. The Vendor shall supply all routine repairs after notification of need within twenty-four (24) hours. The Vendor shall supply all time sensitive repairs within four (4) hours of notification and shall provide an afterhours contact number fora live person and not an answering service or machine. Service shall include, without cost, the repair and preventive maintenance of the equipment and replacement of any necessary parts including all disposable parts, such as filters. This does not include the routine regular cleaning of the equipment: after use. The Vendor: shall provide an annual preseason start-up  the contract.  agrees to the following minimums:  çalendar days after notification of contract: award.  (3)year period of the contract,  shall include, but not bel limited to: 2. Menu boards at each location;  Vendor all utility service to operate equipment.  Instructions to Bidders  Pagc! 14    BIDNO.2024-03  and post-season winterization ofa all applicable equipment at: alll locations on a mutually The Vendor shall furnish, deliver, install, service, maintain and fill with product, at no cost to City, except for utility service, all canned and bottled soft drink, water, and juice vending machines. The Vendor shall furnish new state ofthe arti machines with state-of-the-art energy saving devices at the start of contract. Vendor shall supplyap product list for drink vending machines. The City shall have the choice of products to be stocked in the machines. The Vendor shall assume all risk and responsibility for any loss, destruction, or damage occurring to the machines or vending equipment. The Parks and Recreation Department: requests that the vendor supply the front desk with refund monies for money lost in the vending machines. These funds shall be replenished regularly by the vendor. All current vending agreements will be superseded by this agreement. The Vendor shall locate machines inl locationsi in the Enterprise Parks & Recreation facilities as determined by the City of Enterprise. Products selection of each machine shall be determined byt the City of Enterprise. Each machine: shall include a one-dollar bill validator and a multi-price coin The Vendor agrees to provide monthly product: summery sales reports for each machine by each location. Vendor shall institute a refund policy to includea a set reserve amount supplied to offices at eachl location tol be refreshed: at each restocking time. Vendor shall restock machine on a sets schedule approved by the City of Enterprise.  agreeable date.  mechanism.  The Vendor also agrees to the following:  1. Furnish and install new state of the art scoreboards, sign marquees with digital message boards, and control boards and systems for all existing 2. Refurbish the outside ofall existing scoreboards/tv's: as determined by the 3. Provide service, repair, and maintenance at no charge, at the following  scoreboards as determined by the City of Enterprise;  City ofEnterprise; locations:  Griffin Field Donaldson Park Softball Complex Recreation Center Concessions Stands 1,2,&3 Bates Memorial: Stadium New Recreation and Aquatics Center  The Vendor: agrees to furnish, install, service and maintain mutually agreed upon additional scoreboards, TV's,a and/or marquee signs in the event of future expansion ofl Enterprise Parks & Recreation facilities. The City will supply all utility connection necessary. The City ofEnterprise reserves the right to approve the addition ofany advertising upon the scoreboards other than' The Vendor's products covered in this agreement.  Pagcl 15  Instructions to Bidders    BID NO.2024-03  The Vendor shall provide at no cost to the City of Enterprise: all service necessary on said scoreboards and all other existing scoreboards and signs to maintain peak operating capacity. The City of Enterprise requires eachl board to bei inspected each month and: serviced as needed during peak use time. Minimum response time for routine repairs shall bet twenty-four (24) hours from notification ofneed, unless unforeseen complications arise which The Vendor shall notify the City of Enterprise and for time sensitive repairs, as quickly as possible from notification. The City of Enterprise will determine how to view each situation. The Vendor shall provide an afterhours contact number for al live person and not an answering service or machine. Service will include, without cost, the repair and preventive maintenance of the scoreboards and: signs and replacement ofany necessary parts. The Vendor shall provide an annual preseason start-up: and post-season winterization ofall applicable scoreboards at all locations on a mutually agreeable date. The Vendor agrees to furnish one trailer with 1,000 free cups and drinks for one day annually ati no cost to the City of Enterprise. Vendor: agrees to provide, at no cost to the City of Enterprise drinks, cups and three (3) portable 36-quart ice chests fora hospitality room and free 8 OZ cups to use in team areas for the following: 1. Two (2) districtall-star tournaments: 3 cases of one-liter drinks and 300 cups 2. Every all-star tournament above thel level of district; 3. Every districta and state meet hosted by City ofl Enterprise Parksand The' Vendor agrees that during the entire term ofthis agreement, all beverage products, fountain, and cups must be purchased from the Vendor through its agent. In the event oft the City of Enterprise leasing the concession operations to a third party, the third party willl be bound by the terms of this agreement. Beverages shalll bc defined as any and all non- alcoholic drinks and beverage bases from which these can be prepared, such as syrups, except hot brewed tea and milk. "Beverage" does not, for the purposes oft this agreement, include standard water coolers or fountains customarily installed for use by the public or The City of Enterprise will determine the menu items at each concession location. The Vendor shall assist the City of Enterprise in product: selection, preparation, presentation, sizing, and pricing, as needed, to maximize the concession revenues and profits. The Vendor shall be required toi install additional vending equipment (bottles and cans), merchandise coolers, fountain beverage equipment and ice making machines as new buildings become available for occupancy: and: as new areas are added to existing facilities. The City may add or delete vending service areas as needed. The City must approve any and all equipment Int the event any oft the covenants, agreements, terms or provisions contained in this Agreement: shall bei invalid, illegal or enforceable in any respect, the validity of the remaining covenants, agreements, terms and provisions contained herein shall noti in any  per event; Recreation.  meal replacement drinks (smoothies).  and location of installation.  way! be affected, prejudiced or disturbed thereby.  Page 16  Instructions to Bidders    BIDN0.2024-03  Ifeither the Vendor or the City of Enterprise fails to perform any of the promises set forth in this Agreement, then as an option but not as its sole remedy, the other party may terminate this Agreement; provided, however, such termination for cause must be for a material breach of this Agreement and the terminating party must have given the other party written notice of the breach and the other party failed to remedy or cure the breach within thirty (30) days ofs such notice. Ift this Agreementi is terminated for any reason, the City of Enterprise agrees to return to the vendor aj pro rata portion of the guaranteed dollar amount made to the City of Enterprise. Further, any such breach byt the City of Enterprise shalll be deemed as authorization to the Vendor to allow iti immediate access to the Enterprise Parks & Recreation facilities to take possession of each and every piece ofthe Any failure by either party hereto to enforce at any time or for any period of time any one or more ofthe terms or conditions ofthis agreement, shall not be a waiver of such terms or conditions or of either party's right thereafter to enforce each and every term and condition Itisn mutually understood and agreed and iti is the intent of the Vendor and the City of Enterprise, that an independent contractor relationship be established and is hereby established under these terms and conditions of this Agreement; that the employees ofthe City of Enterprise are not, nor shall they be deemed to be employees of the' Vendor; and, that employees oft the Vendor are not, nor shall theyl be deemed to be employees oft the City Either party hereto without the express written consent of the other may not assign this Agreement. This Agreement fully expresses the entire understanding of the Vendor and the City of Enterprise.. Any and all prior understandings are hereby cancelled. No future changes in the terms ofthis Agreement shall be valid, cxcept when and if reduced to writing and signed by both the Vendor and' The City of Enterprise byl legally authorized officials thereof. The City of Enterprise and the Vendor agree that disputes relative to the services performed should first be addressed by good faith negotiations between the parties directly involved. If said negotiations fail to resolve the dispute, the Purchasing Agent as contract administrator will: seek to resolve the situation. Ifthis fails to resolve the dispute, the party initiating the claim that is thel basis for the dispute shall be free to take such action as it deems necessary to protect its interest; provided however, that notwithstanding any such dispute the Vendor shall proceed with the services as per the Agreement: as ifno dispute existed, and provided. Ifthe Vendor refuses to continue to honor this section, the City of Enterprise reserves the right to purchase product from whatever source it deems necessary. The Vendor agrees to permit periodic audits of its financial records related to the performance of this contract by the City of Enterprise or its appointed. Agent. The City of Enterprise agrees to discuss with the Vendor the possible participation in special joint fundraising activities. The Vendor shall exercise precaution at all times for protection ofall persons, including employees and property. The Vendor shall comply with all applicable laws, rules, regulations or ordinances related to safety and health, and shall make special effort to anticipate and detecthazardous conditions and shall take such precautionary and prompt action where loss control/safety measures should reasonably be expected. The City  Vendor's equipment withoutany claim oft trespass.  of this Agreement.  of Enterprise.  Page 17  Instructions to Bidders    BIDN NO.2024-03  may order work tol be stopped ata anyt time, without liability, ifconditions exists that present immediate danger to persons or property. The Vendor acknowledges that such stoppage,or failure to stop, will not shiftr responsibility for damages from the Vendor to the City of Prices shall noti include State or Federal Excise Taxes. Tax exemption certificates furnished upon request. The City reserves the right to accept or reject all bids or any portion thereof. All bidders understand and acknowledge thati in order for al bid award to bind the Owner, the Owner: and successful! Bidder must execute a contract or purchase order for the item(s) after thel bid is awarded by the awarding authority. Bid awards to one or more: successful Bidders shall remain conditional as to the Owner's obligations until such a contractis  Enterprise.  executed byl both sides.  Page! 18  Instructions to Bidders    City of Enterprise  Department ot Engmneerg: Services & Public Works  501SMam Sireet Enterprise. Alabaa 34330 l'hne (33-: 348-2071 Fx(434)4M.247  OFPRONS  BID NO. 2024-03 BID FORM  Brands shall mean: any and: all Beverages sold and distributed by The Vendor and: any: and all beverages the  Vendor may sell or distribute in the future including, but not limited to:  Beverages  Price $ 35.50 $ 21.40 $ 31.80 $ 17.10 17.80 $ 22.30 $ 47.80 $ 27.20 $ $1,000.00  Case or Individual Serving Case (24 count) Case 10oz 24 count) Case 18.5oz 12 count Case 13.7oz (12 count) Case (24 count). Case (24 count) Case (12 count) Case 16oz (24 count) Case (24 count)  Bottled Soft Drinks- 20 0%. Bottled Teas Bottled Coffees Canned Soft Drinks- 12 0Z. Bottled Waters- 20 0%. only Isotonic Drinks (BodyArmor) Energy Drinks- 20 07. only Sports Drinks- 20 07. only Frozen Carbonated: Beverages Marketing Righis Fee (Mininum $5,000) Per Year Set Commission Rate on Gross Revenues from Vending, Machines (Minimum 25%)  Fruit Juices and juice containing beverages $ 24.10  PerYear Monthly  25 %  Ihereby affirm Ihave not been in any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement tol bid: at af fixed price or to refrain from bidding or otherwise.  441444444  CCNETANNEPALNN TRACEY JOHNSONI DORCH Notary Public Alabama Statea attarge Moa sbk Swernt to: ands subscribed belore me this LYL day Notary Public Commission Expires:, 4hr/R6  ByJoiekes Rilpi Signature. H  Date_  Afaslany  Phone Na.(9)309-6175 Email. Kahpecuok  nt heatye  .20A4    BEVERAGE AGREEMENT  Parties: BOTTLER:  ACCOUNT: City of Enterprise  Coca-Cola Bottling Company United - Central, LLC d/b/a Dothan Coca-Cola Bottling Company  The parties hereto are entering into this agreement (the "Agreement') because Account wishes to grant to Bottler, and Bottler wishes to obtain, the exclusive rights set forth herein. Account represents and warrants that it has full right and authority to enter into this Agreement and to grant and convey to Bottier the rights set forth herein and that all requirements of the applicable public procurement laws are satisfied. In consideration of the premises and the mutual promises made herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby 1. Definitions. All defined terms used in this Agreement and not otherwise defined will have the meanings set forth (a) "Agreement Vear" means each twelve-month period during the Term beginning on the Effective Date (as defined (b) "Beverages" means all non-alcoholic beverages (i.e. anything consumed by drinking), whether or not such beverages (i) contain nutritive, food, or dairy ingredients, OR (ii) are in a frozen form. This definition applies without regard to the beverage'sl labeling or marketing. Powders, syrups, grounds (such as for coffee), herbs (such as for tea), concentrates, K-Cupse pods and all other beverage bases from which Beverages can be made, and brands and products of water purification and beverage making systems (e.g. Brita", Soda Streame, Keurig")a are deemed tol bei includedi ini this definition. For the avoidance of doubt, "flavor enhancers", "liquidw waterenhancers,  acknowledged, the parties hereto agree as follows:  below:  in Section 2).  and non-alcoholic beverages sold as "shots" or "supplements" are considered Beverages.  (c) "Competitive Products" means all Beverages which are not Products.  (d) "Concessionaire" means any current or future third-party food or beverage service provider under agreement with Account at the Facility that directly or indirectly relate to the sale or service of Beverages. (e) "Facility" or' "Facilities" means the entire premises of all parks and recreation facilities owned, leased or managed byt the City of Enterprise, including all currently existing and future buildings, andi includes, without limitation, the grounds, parking lots, all vending and concession areas, sidelines, benches and locker rooms, branded and (f) "Freestyle" means at fountain dispenser that combines ingredients (microdosed beverage components, beverage mixes and flavors stored in cartridges and nutritive and non-nutritive sweeteners stored in bag-in-boxes and/or (g) "Products" means Beverages purchased, or available for purchase directly from Bottler or sold through vending (h) "Unattended Retail Services" the provision and sale of Beverages, fresh brewed beverage(s), prepackaged food, snacks, and/or sundries through self-service kiosks, which permit sales directly to the consumer at the Facility  unbranded food service outlets and dining facilities.  cartridges) to create a wide variety of branded fountain beverages. machines owned and stocked exclusively by Bottler.  without person-to-person interaction.  Pagelof10 Classifed-Confidenta.  Rev. 11.07.2023    2. Term. This Agreement shall bei in effect for a period of Three (3) year(s) beginning  (the "Effective Date")  through  (as such may be extended, the "Term") but in no event shall the Term extend beyond any  limitation in any applicable public bid law. If the Effective Date referenced in the foregoing sentence is blank, such  term shall mean the last signature date of this Agreement.  3. Advertising Rights.  (a) Account hereby grants to Bottler the exclusive right to advertise Beverages and specifically Products (i) at the Facility and (ii) in connection with the Facility. No permanent or temporary advertising, signage or trademark (b) Bottler willl have the exclusive right to advertise the Products as the "official" or' "exclusive": soft drink, sports drink, (c) Account hereby grants to Bottler a royalty-free license, exclusive for Beverages, to use the trademarks, logos and other intellectual property of the Account and Facility ("Account Marks") in connection with the promotion of Products. Such promotion may occur ina advertising (TV, radio, print, social media and/or other electronic means), packaging, vessels, promotional materials, and point of sale materials for Products and may bei in connectionwith (d) Account agrees that Bottler's advertising shall be positioned at all times in such a manner that the advertising message is in no way obscured (electronically or otherwise) and is clearly visible to the general public. The Products shall be prominently listed on any menu boards located at the Facility and all equipment dispensing Products shall be prominently identified with the trademarks/logos corresponding to such Products. (e) Account further agrees that only Products willl be dispensed in Bottler's equipment and that no othert trademarked Beverage-dispensing equipment, coolers or containers will be permitted at the Facilities. Account will not enter into any agreement or relationship whereby any Competitive Products are associated in any manner with Account, the Facility, or any of the Account Marks in any advertising or promotional activity of  visibility for Competitive Products will be displayed or permitted anywhere at the Facility.  water, tea, energy drink and/or juice or juice drink, etc. of the Facility.  the marks and logos of Bottler's other accounts.  any kind. 4. Product Rights.  (a) Except only with respect to Concessionaires, Account hereby grants to Bottler the exclusive right to sell, serve, distribute or otherwise make available Beverages at the Facility. Account and/or its Concessionaires shall purchase all Beverages (and cups, lids and carbon dioxide, if applicable) directly from Bottler. Notwithstanding anything in this Agreement to the contrary, no Competitive Products may be sold, dispensed, sampled, served, or otherwise made available anywhere: at the Facility. Account agrees not to sell or distribute, directly or indirectly, any Products purchased hereunder outside of the Facility. Products offered in cups shall be offered in Approved Cups. (b) Account hereby grants to Bottler the exclusive Beverage vending rights at the Facility and exclusive rights to 5. Consideration. In consideration of the rights and benefits granted to Bottler hereunder, Bottler agrees to provide 6. Pricing. Account shall be entitled to purchase bottle/can Products (and cups, lids and carbon dioxide, if applicable) listed in Exhibit B from Bottler in accordance with the price schedule set forth therein. Such prices shall remain in effect until December 31, 2024. Thereafter, prices are subject to change each Agreement Year. Price increases generally occur automatically on January 15t of each Agreement Year. However, in the event of an increase in a  provide Unattended Retail Services at the Facility.  Account with the specific items set forth in Exhibit A (collectively Consideration).  Page 2of10 Classified Confidential  Rev. 11.07.2023    component of Bottler's cost of goods, manufacture or delivery, or increases ini taxes, deposits or other government related fees, Bottler may further increase prices to cover such increased costs at other times during the Agreement Vear; in which case Bottler will provide thirty (30) days' written notice to Account prior to such price changes taking 7. Equipment. During the Term, Bottler will loan to Account, subject to the terms of Bottler's Equipment Placement Addendum ("EPA')attached hereto as Exhibit C, at no cost, the Beverage dispensing equipment reasonably required and as mutually agreed upon to dispense Products at the Facility ("Equipment"). Account agrees that Bottler shall have the right to place a quantity of Beverage vending machines, coolers or other Equipment, determined by Bottler in its discretion, in mutually agreed upon locations at the Facility. Upon thirty (30) days' notice from Bottler, Bottler shall have the right to remove any Equipment, ini its discretion, and Account shall provide immediate physical access to Bottler for the removal of such Equipment. The Equipment will not include Freestyle equipment. Account hereby Concessionaire. Int the event Account employs a Concessionaire, Account will cause Concessionaire to purchase from Bottler all requirements for Beverages (and cups, lids and carbon dioxide, ifapplicable). Such purchases will be made at prices and on terms set forth in Bottler's existing agreement with Concessionaire, if any. If no agreement exists between Concessionaire and Bottler, such purchases willl be made at prices and on terms set forth int this Agreement. Notwithstanding: anything herein to the contrary, Bottler shall not pay to Account any Consideration: fora a purchase of Products by a Concessionaire to the extent that Bottler is required to pay the Concessionaire any funding duplicative of the Consideration for the same purchase of Products pursuant to an existing agreement between the Concessionaire and Bottler. In the event of a default in any of Concessionaire's: obligations owing to Bottler, Account  effect.  agrees to the terms of the EPA: set forth in ExhibitC.  will use commercially reasonable efforts to cause Concessionaire to cure such default.  9. Termination.  (a) If any of the following events occur during the Term of this Agreement, Bottler may (in addition to any other remedies available) terminate this Agreement immediately upon notice to Account: (a) Account breaches any of its obligations set forthi in this Agreement and fails to cure such breach within 30 days' written notice thereof; (b) any federal, state or local law, rule, regulation or order prohibits, restricts or in any manner interferes with the sale or advertising of Beverages; (c) Account files a petition under any bankruptcy law or becomes insolvent or makes any general assignment for benefit of creditors; or (d) Account's full right and authority to enter into this Agreement and to grant and convey to Bottler ther rights set forth herein has expired or beenr revoked. Ini thee event of any termination of this Agreement, Account shall (i) provide immediate physical access to Bottler for the removal of any Equipment and Scoreboards, (ii) pay to Bottler a pro rata portion of the costs of refurbishing and (b) In the event of Bottler'sr material breach of this Agreement, Account may terminate this Agreement by providing thirty (30) days' prior written notice thereof to Bottler; provided, however, that such termination shall not be 10. Rightto Off-Setand Withhold. Int the eventA Account or Concessionaire fails to pay Bottler any invoice due for Products received, transshipment charges or upon any other basis, Bottler shall have the right to deduct the amount of such unpaid invoice, transshipment charge or other charge from any Consideration otherwise due from Bottler to Account. Bottler shall have the right to withhold and not pay further any amounts which may become payable to Account pursuant tot this Agreementif: ()Account has failed to performi its obligationshereuncer, (ii) Botter'srenshereunce:  installing the Equipment, and (ili) pay to Bottler the unearned portion of any Consideration.  effective if Bottler cures the breach within such thirty (30) day period.  Page 3of10 Classified- Confidential  Rev. 11.07.2023    have been! lost, limitedorrestricted, or (ili) there existsal bona fide dispute between the parties. Nothingi in thiss section shall operate to restrict any of Bottler's other remedies in the event of a material breach by Account. 11. Adjustment. If (i) any of the rights granted to Bottler herein are materially restricted or limited during the Term, includingasar result ofa Force Majeure Event (as defined in Section 14), or (i)ifanyn material component oft the Facility is closed, or substantially closed, to customers for a period of thirty (30) consecutive days, or (ii) if the volume of Products sold to the Account decreases for any reason in any twelve month period by ten percent (10%) or more over the prior twelve month period, then in addition to any other remedies available to Bottler, Bottler may elect to adjust any Consideration to fairly reflect the decreased value of rights granted to Bottler hereunder (and Account will pay to Bottler a refund of any prepaid amounts in excess of such reduced Consideration: and a pro rata refund of the costs of 12. Notices. Any notice or other communication under this Agreement must be in writing and must be sent by registered mail or by an overnight courier service (such as Federal Express) that provides a confirming receipt. Notice is considered duly given when it is properly addressed and deposited (postage prepaid) in the mail or delivered to the courier. Unless otherwise designated by the parties, notice must be sent to the following addresses:  refurbishing and installing the Equipment).  Ifto Bottler:  Ifto Account: City of Enterprise 501 S. Main Street Enterprise, AL 36330  Coca-Cola Bottling Company United - Central, LLC d/b/a Dothan Coca-Cola Bottling Company 3936 Napier Field Road Dothan, AL 36303 With a copy to: Coca-Cola Bottling Company United, Inc. 4600 East Lake Boulevard Birmingham, AL 35217 Attn: General Counsel  13. Force Majeure. The failure ofa party to comply with the terms and conditions hereof because of an act of God, strike, labor troubles, war, fire, earthquake, hurricane, tornado, epidemic, act of terror or public enemies, action of federal, state or local governmenta authorities, or for any reason beyond the reasonable control of such party ("Force Majeure Event"), will not be deemed a breach of this Agreement. Such party will resume full performance of and compliance with the terms and conditions hereof promptly upon removal of any such Force Majeure Event. 14. Claims. In no event will Bottler accept any audits of, or claims of discrepancies or errors in, pricing, rebates, commissions, funding, discounts, or other Consideration provided under this Agreement ("Claims") more than forty- five (45) days from the date of invoice, commission report, check or other applicable documentation. In order to submit a Claim, Account shall provide Bottler a detailed, written request specifying the particular price, commission, funding, product, amount in dispute and reason for dispute, along with a true copy of the original invoice, commission report, check or other applicable documentation. Bottler will review each Claim in good faith and provide responses to each Claim submitted in accordance with this Section. Bottler will work directly with the Account to resolve any Claims or audit issues but will not interact with third-party auditors or contractors. Any audits requested by Account shall take place during normal business hours and shall be conducted at Bottler's place of business. 15. Miscellaneous. This Agreement and any dispute arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without reference to its conflict of law rules. Each of the parties hereto agrees that it will, in its performance of its obligations hereunder, fully comply with all applicable  Page 4of10 Classified- -Confidential  Rev. 11.07.2023    laws, regulationsand ordinancesofalrelevant authorities: and shall obtain alll licenses, registrations or other approvals required in order to fully perform its obligations hereunder. Ifany portion oft this Agreement is severed, that is, held indefinite, invalid, or otherwise unenforceable, the rest oft this Agreement continues in full force. But ift the severance ofa provision affects a party's rights, the severance does not deprive that party of its available remedies, including the right to terminate this Agreement. Account shall not obtain, by this Agreement, any right, title or interest in the trademarks of The Coca-Cola Company or Bottler, nor shall this Agreement give Account the right to use, refer to, or incorporate in marketing or other materials the name, logos, trademarks or copyrights of Bottler or The Coca-Cola Company. During the Term, and foraonel (1)year period thereafter, the parties shallkeep the terms ofthis Agreement confidential, subject to applicable laws. EACH PARTY, TO THE EXTENT PERMITTED BV LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHTS TOATRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. This waiver applies to any action or legal proceeding, whether arisingi in contract, tort or otherwise. This Agreement and its exhibits contain the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral. In the event of a conflict between the provisions of this Agreement and a provision in any other document including any "click through" or other online terms and conditions referenced in any such documents or in a website (collectively, Supplemental Terms"), the provisions of this Agreement shall control. No Supplemental Terms shall modify, amend or supplement the terms of this Agreement, even if such Supplemental Terms are accepted or acknowledged by a party after the execution oft this Agreement.. Account may not assign this Agreement without the prior written consent oft the Bottler. Alla amendments to or waivers of this Agreement must bei in writing signed by all the parties. Bottler's delay or failure to exercise any of its rights hereunder will not operate as a waiver thereof. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.  BOTTLER By:. Printed Name:. Title: Date:.  ACCOUNT By:. Printed Name: Title: Date:  Exhibits Attached: Exhibit A -C Consideration Exhibit B -Initial Price Schedule Exhibit C-E Equipment Placement Addendum  Page! 5of10 Classified- -Confidential  Rev. 11.07.2023    EXHIBITA CONSIDERATION  1. Annual Marketing Fees. Bottler agrees to pay Account One Thousand Dollars ($1,000) each Agreement Year of the Term (the "Annual Marketing Fees"). The first installment shall be payable within sixty (60) days after the date this Agreement is fully executed, and subsequent installments shall be due on or about the anniversary date of the Effective Date in each Agreement Year remaining in the Term. The Annual Marketing Fees shall be deemed earned 2. Commissions. Bottler agrees to pay Account a monthly commission int the amount of Twenty-five Percent (25%) on all Products sold through Bottler's full service vending. All deposits, recycling fees, other handling fees, communication charges and credit and debit card fees, ifany, may be deducted from funds collected before calculating commissions. Commissions shall not be payable on any sales from vending machines not filled and serviced exclusively by Bottler. Bottler may adjust the vend prices and/or commission rates to recover its costs, including cost ofgoods, to implement cash discounts, or as it otherwise deems necessary or desirable, ini its sole discretion. Commissions will be paid each month following the month in which they are earned, with an accounting of all sales and monies in at form reasonably 3. Scoreboard/s). Bottler agrees to provide Account with scoreboard(s) or scoreboard funding on the terms and (a) In 2025, Bottler shall pay the cost of purchasing and installing scoreboard(s) (the "Scoreboards)), up to Ten Thousand Dollars ($10,000) ("Scoreboard Funding"). The Scoreboard(s) shall be installed at the Facility locations specified by Account in accordance with applicable building and electrical codes. The Scoreboard Funding shall be deemed earned pro rata on a daily basis over the entire Term. THE PROVISION OF THE SCOREBOARDISISONAN "AS IS" BASIS. BOTTLER HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR INTENDED USE, AND BOTTLER SHALL (b) Bottler shall be entitled to premiere and exclusive Beverage advertising rights on the Scoreboard(s) and at the Facility, and Account will not grant advertising rights at the Facility with respect to any Competitive Products. (c) Account shall operate and maintain the Scoreboard(s) in good condition and repair during the Term of this Agreement and allow access by Bottler's personnel to change the promotional message on the Scoreboard(s), such changes to be mutually agreed upon. Bottler will pay the invoices for Bottler owned Scoreboards. (d) Account shall pay all costs of operating the Scoreboard(s) including, but not limited to, all utility charges and lamp (e) To the extent permitted by the laws of Alabama, Account shall indemnify, defend, and hold Bottler and Bottler's officers, agents, employees, directors, shareholders, affiliates, successors, and assigns harmless from all losses, damages, claims, suits, proceedings, damages and liabilities of any nature, and all costs and expenses, including reasonable attorneys' fees, resulting from any and all claims, demands, or rights of action that may be asserted at any time against Bottler which are caused by or result from Account's possession, use, or operation of the  pro rata on a daily basis over the Agreement Year for which they are paid.  satisfactory to the Account and shall become immediate property of Account.  conditions set forth below:  NOT BE LIABLEF FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES.  replacement.  Scoreboard(s).  (f) Account shall maintain the following insurance:  All risk property insurance in an amount equal to the replacement cost of the Scoreboard(s), and general liability insurance in the amount of $2,000,000 per occurrence, including contractual liability for this  Page 6of10 Classified- -( Confidential  Rev.11.07.2023    Agreement: and name the Bottler asi additional insured, or the maximum insurance coverages for property damage and personali injurywhich are permitted byl law. Certificatesofi Insurance confirming the existence of such coverages shall be provided to Bottler annually and Account will provide Bottler with thirty (30) days' prior written notice of cancelation, non-renewal or material change ofs such insurance.  (g) The Scoreboard(s): shall be the property of the Bottler. During the Term and upon expiration or termination of this 4. In-kind Marketing Support. Each Agreement Year, Bottler agrees to make available to Account Ten (10) banners ("In- kind Marketing Support"). Account understands and acknowledges that it will not receive cash in lieu of In-kind Complimentary Product. Each Agreement Vear, Bottier shall make available to Account up to Fifty (50) standard physical cases of complimentary Products consisting of 12oz cans and 16.9oz Dasani. Such complimentary Products will be provided to Account upon reasonable advance request. Account must request all available complimentary Products during the course ofeach Agreement' Year. If Account does not request all available complimentary Products by the end of each Agreement Vear, then any complimentary Products remaining at the end of each Agreement Year shall be forfeited by Account and retained by Bottler with no further obligation. Complimentary Products are not to  Agreement, Bottler: shall retain ownership of the Scoreboard(s).  Marketing Support.  be resold.  Page 7of10 Classified C Confidential  Rev. 11.07.2023    EXHIBITB INITIAL PRICE SCHEDULE*  Beverages  Price $ 35.50 $ 21.40 $ 31.80 $ 17.10 $ 17.80 $ 22.30 $ 47.80 $ 27.20  Case or Individual Serving 24ct Case 20oz 24.ctCase1Doz. 12ct Case 18.5oz. 12ct Case 140z 24ctCase 12oz 24 ct Case 200z 12c ct Case 160z 24ct Case 160z 24ct Case 200z  Bottled Soft Drinks- 200z. Bottled Teas Bottled Coffees Canned Soft Drinks- 12 oz. Bottled Waters- 20 02. only Isotonic Drinks Energy Drinks- 20 OZ. only Sports Drinks- 20 OZ. only  Fruit Juices and licecontaining beverages $ 24.10  *All prices are per standard physical case and exclusive of taxes, deposits, handling fees, and recycling fees.  Page 1 of10 Classified Confidential  Rev. 11.07.2023    EXHIBITC  EQUIPMENT PLACEMENT ADDENDUM  Duringt the Term of the Agreement, Bottler may provide to Account Equipment (as defined below), subject tot thet terms oft this Equipment Placement Addendum ("EPA"). The terms of this EPA shalla apply to each piece of Equipment commencing on its date ofi installation at any Account Location "Commencement! Date"). THETERMSOFTHSEPAISEPAWILLCONTINUE INE EFFECTWITHE RESPECTTOEACHPIECE: OFE EQUIPMENTUNTIL: THE EQUIPMENT HAS BEEN RETURNED TO BOTTLER AND WILL SURVIVE THE EXPIRATION OR TERMINATION OF ANY AGREEMENT INTO WHICH THIS EXHIBIT IS 1. Installation and Use Restrictions. Bottier may, from time to time, deliver and install Equipment (which term encompasses all equipment provided by Bottler at any time, including, without limitation, vending machines, coolers, fountain equipment, racks and/or any replacement parts, replacements, additions or accessories) reasonably required and as mutually agreed upon to dispense the Bottler's Products. Account shall use the Equipment only at the particular location to which: such Equipment is actually delivered unless otherwise agreed by Bottler. At all times during the term of this Agreement, Account shall maintain records of the location of all Equipment and promptly provide copies of such records to Bottler upon request. The Agreement and this EPA, in addition to any additional documents and/or records by and/or between the parties describing the Equipment and the location(s) where such Equipment is placed, shall be maintained by Bottler ands shallo constitute the official book ofr record pertaining to the Equipment. Account herebya agrees that: (i) no logo, trademark, advertisement, or other indication of Bottler's ownership of the Equipment shall be obstructed, defaced, or removed, and no other! logo, trademark, ora advertisement: shall be: attachedto the Equipment; (i) thel Equipment shallr nott be obstructed, moved, or removed without the prior written consent of Bottler; (ili) the Equipment shallr not be sold, reassigned, loaned, leased, or rented to any other party except as authorized by Bottler; in which case, Account shallr remain fullyr responsible for the Equipment as pert thei terms of this Agreement; (iv) no racks, merchandise, or any other objects shall be placed on top of or attached to the Equipment unless expressly authorized by Bottler; and (v) Account willr nota attach the Equipment, or allow the Equipment tol be attached, ins such a manner ast to become part of the realty asai fixture or otherwise, and that the Equipment willl be maintained: so that it may be easily removed without damage to buildings 2. Operation. In consideration of the provision of the Equipment byt the Bottler to Account pursuant to the Agreement, Account agrees to purchase from Bottler: and storei in, or sellt through, the Equipment only products supplied by Bottler. In Bottler's sole discretion, a review of Account's product purchase volume and Equipment usage mayj justify ongoing Equipment placement or Equipment removal. Removal of anyp piece of Equipment willr nota affectt thet term ofa anya agreement betweent the parties, and1 this EPA: shall surviver withr respecttoa anyE Equipment If Bottler is providing full-service vending, Account agrees to permit Bottler to place the vending Equipment on Account's premises. Bottler shalls stocks such vending Equipment and shall collect all vending proceeds from the sale of beverages. IfBottler has agreed to pay Account a commission on sales through the Equipment, all taxes, deposits, recycling fees, other handling fees, communication charges and credit and debit card fees, ifa any, may be deducted from funds collected before calculating any Bottler hereby loans the Equipment to Account; however, during the term of this Agreement, Bottler reserves the right, upon prior noticet to Account, tol lease or rent thel Equipment to the Account and, upon commencement oft the lease or rental program, Account agrees to payar monthly rental/lease amount. Bottler may change the rental/lease rate charged under this Agreement bys sending notice ofs such change to Account at its present address. Account may terminate this Agreement as set forth herein if Ifthe Equipment includes at fountain beverage dispenser, Account agrees to permit Bottler toi install thef fountain Equipment on Account's premises. Account agrees such fountain Equipment will be used only for the purpose of dispensing fountain beverage products of The Coca-Cola Company ("Company"), such as Coca-Cola" classic (or Coke), diet Coke° and Sprite", and other fountain products distributed by Bottler with the understanding thatr no product of PepsiCo, inc. or ofa ana affiliate thereof mayb be dispensed. Account further agrees not to dispense any product whose pungency could affect the normal taste or quality of the  INCORPORATED. Anyt term capitalized, and not otherwise defined herein, shall havet the meaning given int the Agreement.  or realty.  remainingi in Account's possession.  commissions due to Account.  ito objects to such change.  Company'sfountain beverage products.  3. Ownership. Bottler is and, at all times, shall remain, the exclusive owner of the Equipment. Account shall protect Bottler's title and keep the Equipment free froma allo claims, liens, and encumbrances arising from the actions or inactions of Account. Account's obligation under this paragraph remains until: such time as Bottler or Bottler's designee picks up the Equipment. Account authorizes Bottler to execute and file any: additional instruments in allj jurisdictions wherei it deems itr necessary to perfect and maintain Bottler's interest in the Equipment. Bottler shall have the right, during Account's regular business hours, to inspect the Equipment at Account's premises or wherever the Equipment may bel located and tor review all records that reasonably relate to the Equipment upon reasonable notice to Account. Account shall promptly notify Bottler ofa all details arising out of anya alleged encumbrances thereon or any accident allegedly resulting from the use 4. Service and Repair. Account shallt take reasonable care of the Equipment. Bottler agrees to provide reasonable service and repair for the Equipment during thet term hereof. Account shall allow Bottler to enteri its premises for the purpose of inspection or performance ofs such service and repair, or necessary replacement or return or removal oft the Equipment. Int thee event additional service and repairi is requested by Account or reasonably necessarya asar result of Accounfsneglgence: orv willfulr misconduct, Bottler may bill Account its standard rate per  or operation thereof.  Page 2of10 Classified- Confidential  Rev. 11.07.2023    service call. All service and repair calls must be exclusively handled or authorized by Bottler. Account's sole recourse: against Bottler with respect to service and repair provided by Bottler or its agents to the Equipment Is that Bottler will correct any defective workmanship at no additional charge to Account, provided that Bottler is given prompt notification of any defective workmanship. Account shall promptly notify Bottierofa any Equipment malfunction andi take reasonable steps to mitigate anyr risk ofi injury to person or propertyarisingi from such malfunction. For example, ifa piece of Equipment is not cooling properly, Account will unplug that piece of Equipment until itis repaired 5. Disclaimer of Warranties: Liability and Costs. Account acknowledges that Bottler is not the manufacturer of the Equipment. BOTTLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND EXPRESSLY! DISCLAIMS ANY IMPLIED WARRANTIES ASTOTHE FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, CONSTRUCTION, CONDITION, SPECIFICATIONS, OR PERFORMANCE OF THE EQUIPMENT. Account accepts no warranties and expressly waives any implied warranties as to the fitness for a particular purpose, merchantability, design, construction, condition, specification, or performance of the Equipment. Except to the extent attributable to the gross negligence or willful misconduct of Bottler, Account hereby assumes liability for any and all damage to (normal wear and tear excepted), or loss of, the Equipment from the time the Equipment is delivered to Account until returned to or removed and accepted by Bottler. Account assumes responsibility to report any damage to, or loss of, Equipment to Bottler immediately. To the extent any payment is duet from Bottler to Account under the Agreement or otherwise, Bottler may deduct from: such payment the cost of repair or replacement ofEquipment due to damages for which Account is responsible hereunder. Allt taxes, licenses, charges, or other fees which may be imposed on Account's sales of products through the Equipment or in connection with this Agreement by any taxing authority, shall be borne by 6. Exculpation; Indemnity. CUSTOMER ACKNOWLEDGES THAT INSTALLATION, USE, OR OPERATION OF EQUIPMENT CARRIES INHERENT RISKS INCLUDING BUT NOT LIMITED TO FLOODING AND DAMAGE TO FIXTURES AND OTHER PROPERTY. Bottler shall not be liable to Accountf forany claims based on ora arising out ofi injury to person or propertyi ina any wayrelating to the installation, use, repair, or operation oft the Equipment, except such claims as might arise solely out of Bottler's gross negligence or willful misconduct. In no event and under no circumstances shall Bottler be liable to Account for any claims based upon or arising out of lost profits or prospective profits, loss of product, or consequential, special ori incidental damages in any way relating to the installation, use, repair, or operation of the Equipment. To the extent permitted by the laws of Alabama, Account shall indemnify and hold Bottler and Bottler's officers, agents, employees, directors, shareholders, affiliates, successors, and assigns (hereinafter the "Indemnified Parties')harmless: from all losses, damages, claims, suits, proceedings, damages and liabilities of whatever nature, and all costs and expenses, including Indemnified Parties' reasonable attorneys' fees resulting from any and all claims, demands, or rights of action that may be asserted at any time against Bottler which are caused by or result from Accountsnegligence or willful misconductin the possession, use or operation ofthel Equipment or due to Account's breach of any provision of this EPA. Account represents and warrants that plumbing and electrical service on the property is proper and adequate for the installation and use of the Equipment, and Account will not use extension cords or other electrical connections not expresslya approved by Bottler. Account agrees to indemnify and! hold harmless Bottler from any damages arising out of Account's plumbing ore electrical hook-up or service. Notwithstanding anything herein to the contrary, the provisions of this section will: survive termination of 7. Termination or Expiration, Upon termination or expiration of the Agreement, Account shall promptly return all Equipment to Bottler. 8. Remedies. Int the event of Account's! breach of this EPA, Bottler shall have the immediate right to exercise any one or more oft the following remedies: (w) to terminate the Agreement; (x) to declare the entire amount of any rent immediately due and payable, without notice to or demand of Account; (y) to take possession of any or all of the Equipment without demand or notice wherever the same may be located, without any court order or other process of law; or (z) to pursue any other remedy at law or in equity. If the Equipment is not made accessible by Account, then Account shall pay all costs and expenses relating to the removal of the Equipment, including reasonable attorneys' fees incurred by Bottler ine enforcing its rights hereunder by litigation or otherwise. Ifthis EPAis terminated with respect to any piece of Equipment for any reason prior to one year from the commencement date hereof, then Account shall pay Bottler all costs and expenses for installation, removal and refurbishment of the Equipment. All rights and remedies provided herein may be exercised exclusively, concurrently, or cumulatively with any other right or remedy hereunder, or as otherwise provided by law. 9. Casters (if applicable). If Account requests, at any time during the term of the Agreement, that Bottler provide the Equipment equipped with casters, the following provisions shall apply. Account represents and warrants that the Equipment is required by a governmental authority pursuant to applicable health, safety, sanitary or other applicable codes or ordinances, or the Account desires the Equipment to be equipped with casters to permit the efficient and thorough cleaning of the Equipment and surrounding areas. Account recognizes and acknowledges that the casters provided on the Equipment are not designed or intended to allow for the movement of the Equipment beyond the minimal distances requiredf for cleaning of the immediate area anda are not designed for movement from room to room or other similar distances. Account agrees that its shall not, ands shall not permit its employees, agents, or subcontractors to use the casters to move the Equipment beyond the short distances necessary to adequately clean and maintain the Equipment andi immediately: surrounding areas. Account agrees not to otherwise move or displace the Equipment from the area in which it was placed by Bottler. Any violation of this 10. Miscellaneous. Tot thee extent that any of thet terms of this EPAconflict with the terms set forthi in any other agreement between' the parties (and the effect of such conflict diminishes the rights of Bottler under this EPA), the terms of this EPA will control; provided further that  or replaced by Bottler.  Account.  the Agreement.  section by Account shall constitute a breach oft this EPA.  removal of any Equipment will not affect the terms of any other agreement between the parties.  Page 3 of10 Classified Confidential  Rev. 11.07.2023    Coca-Cola Bottling Company United- Central, LC("Coca-Cola") Exceptions to City of Enterprise Request for Proposals Exclusive Beverage Rights- Bid No. 2024-03  General: We have submitted a proposed draft Beverage Agreement. The final Beverage Agreement will be mutually negotiated by- the two parties and will be the document we look to for all obligations between the parties for the Beverage Agreement. This Beverage Agreement will supersede the RFP and any other  agreements.  Section 11- Beverage Distribution Proposal and Agreement  Page 4  Coca-Cola takes exception to termination without cause and proposes the language in the attached Coca-Cola offers funding as noted in the Bid Form and the attached draft Beverage Agreement.  draft Beverage Agreement.  Service and repairs shall be made within 24-48 hours of notification.  Page 5  Coca-Cola will provide Scoreboards as listed in the draft Beverage Agreement.  Advertising on Scoreboards will be Coca-Cola only.  Page 6  Athird party will be providing service and we cannot guarantee 24 hours for repairs. Coca-Cola will provide complimentary products as defined in the draft Beverage Agreement. Coca-Cola does not agree to the request for products on page 6. Coca-Cola does not provide trailers.    RESOLUTION 03-05-24  ARESOLUTION: TO GRANTA ADDITIONALCOMPENSATION FOR ENTERPRISE FIRE DEPARTMENTFORADVANCEDI LIFE SUPPORT (ALS) EMS CERTIFICATION WHEREAS, the Enterprise Firel Department ist tasked with managing emergencies within the City of Enterprise and efforts that the Council can put inp place to promote additional emergency medical certification off fire department personnel willl better help provide for the health, safety and welfare oft the WHEREAS, in recognition oft the additional certifications ascertained and maintained by said fire department personnel, the Council finds int thel best interest of the fire department and the public to provide additional compensation tot those fire personnel who achieve and maintain those certifications;  public; and  NOW, THEREFORE, leti it be resolved and enacted as follows:  1. Grant ofA Additional Pay. The Council hereby approves additional pay of$170.00 per pay period, less applicable withholding, for Alabama Department ofl Public Health licensed Paramedics and additional pay of$120.00 per pay period, less applicable withholding, for 2. This resolution shall become effective when passed, except the additional pay shall become  Alabama Department of Public Health licensed. Advanced EMT's.  effective the first full pay period of May 2024.  Duly Passed and Adopted this  day of  2024.  COUNCIL: District#5 District#1  Council President Turner' Townsend Council Member Sonya' W.1 Rich  Council Member Eugene Goolsby Council Member Greg Padgett  District #2 District#3  Council Member Scotty. Johnson  District #4  ATTEST: Beverly Sweeney City Clerk    AGREEMENT  This Agreement is entered into by and between the City ofEnterprise, Alabama ("City") and All Whereas, the Credit Union sponsors, from time to time, an automobile/vehicle sale ("the sale") within the Wiregrass area, whereby automobile dealers from the local area converge in one location to  In Credit Union ("Credit Union") effective this 5th day of! March, 2024.  offer their vehicles for sale with financing offered by the Credit Union;  Whereas, the sale will offer an opportunity for local citizens to shop for automobiles and other vehicles at one convenient location and the sale will provide associated sales tax revenues, and other incidental andi indirect revenues, which will benefit the public in the city where the sale occurs;  Whereas, the Credit Union requires aj place to hold the sale along with various security personnel, Whereas, the City has agreed to make available an area within the city limits for the sale to take Now, therefore, for mutual consideration as stated in this Agreement, the City and Credit Union 1. Ine exchange for $10.00, the receipt and sufficiency of which is expressly acknowledged, the City will make available the area next to the Enterprise Civic Center marked on the attached Exhibit "A" (sometimes referred to herein as the "premises") for the Credit Union to hold the sale on April 18-20, 2024. (Recognizing that the City will have expend funds in preparation oft the sale, the Credit Union agrees that if fora any reason the sale does not take place as scheduled, including, but not limited, due to inclement weather, the sale will be promptly rescheduled subject to coordination with the City). 2. The City will provide one or more security personnel during the sale and during off-hours of the sale. This security personnel provided by the City which will be available during off-sale hours may  traffic control and utility measures;  place;  agree as follows:  be performed by means ofs surveillance and/or patrol.  3. The City will provide traffic control as tot the ingress and egress into and out ofthe sale 4. The City will provide 20-30 trash cans which will be picked up at least twice a day during the 5. The City will provide two light banks for lighting the field where the sale occurs. 6. The City will provide EMT personnel during the hours oft the sale.  location during the hours ofsale.  sale.  7. The City will prepare the site/field where the sale is to take place by cutting the grass and 8. The City will provide electrical service hook-up for the sale as follows: The City has caused the installation ofr metered electrical service (master meter) and electric power receptacles for hook-up by the various dealers at the sale. The Credit Union will inform each dealer that they (the individual  maintaining the same up until the sale occurs.  dealers) will be responsible for their share of electricity used.    9. The Credit Union will at all times keep and maintain premises liability insurance and other general liability insurance, including ifnecessary, special event liability insurance, in amounts of at least $2,000,000.00 per occurrence (per policy if one policy does not çover risks of premises liability, special event and/or general liability), and such insurance policys(s) shall name the City, its employees, officers and agents as an additional insured thereunder. However, whether a given claim, occurrence or other matter is covered or not under said insurance policy(s), the Credit Union agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any and all claims, occurrences, matters,  demands, and/or causes of action relating in any manner to the sale.  10. The Credit Union will provide sufficient staffing at the sale to help ensure an orderly sale, 11. Also, the Credit Union acknowledges that any on-premises sign which will be required by the Credit Union or any automobile dealer for use at the sale for advertising or other purposes will be  conducted in a manner befitting of our community.  subject to removal ift the City finds such objectionable in location or style.  12. The Credit Union will provide portable toilets which meet applicable health standards and codes and will provide staffing to keep trash and garbage in appropriate receptacles. In addition, the  Credit Union will provide its own lighting for the premises.  13. The Credit Union will provide extra lighting banks for the sale's lighting needs. 14. The Credit Union will provide advance lay-out/design grounds for dealer placement. 15. The Credit Union will comply with local, state and federal laws and regulations in 16. The Credit Union will leave the premises in the same condition it found the premises, 17. Note: The Credit Union acknowledges and understands that during the sale, one or more unrelated events to the sale may be scheduled for the Civic Center, which is next to the premises.  connection with the use oft the premises. ordinary wear and tear excepted.  City of Enterprise, Alabama  All In Credit Union By:  By:  Its Mayor  Its President  2    ACORD  DATE (MM/DDMYYY) 2/2/2024  CERTIFICATE OF LIABILITY INSURANCE  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. ISUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on  REPRESENTATIVE ORF PRODUCER, AND' THE CERTIFICATE HOLDER.  this certificate does not confer rights to the certificate holder Inl llou of such endorsement(s).  PRODUCER Arthur J. Gallagher Risk Management Services, LLC 1050 Crown Pointe Parkway, Suite 600 Atlanta GA: 30338 INSURED AllIn Federal Credit Union PODrawer 8 Daleville, AL3 36322-0008 COVERAGES INSR LTR  CONTACT NAME Andrea Thompson PHONE (AIC. No.Ext): 678-393-5209 E-MAL. ADDRESS: andrea thompson@aig.com INSURER A: American. Zurich Insurance Company ALLINFE-01 INSURERI B: American Guarantee and Liability Ins Co INSURER c: Hartford Accident andl Indemnity Company  TFACNG:E 678-393-5220  NSURERSIAFFORDING: COVERAGE  NAIC# 40142 26247 22357  INSURER D: INSURERE E: INSURERF:  CERTIFICATE NUMBER: 59955538  REVISION NUMBER:  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,  EXCLUSIONS, AND CONDITIONS OF SUCHF POLICIES. LIMITS SHOWNI MAYHAVE BEENF REDUCEDI BYI PAID CLAIMS.  TYPEC OFI INSURANCE A X COMMERCIAL GENERALI LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATEL LIMIT APPLIES PER: X POLICY PRO: JECT OTHER: A AUTOMOBILEUABLITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY B X UMBRELLALIAB X OCCUR EXCESSI LIAB DED RETENTIONS C WORKERS COMPENSATION ANDE EMPLOYERS'! LIABILITY AMYPROPRIETORPARTNEREXECUTVE PICEMEMAERENCLUPED? (Mandatoryl In NH) Ifyes. describe under DÉSCRIPTION OFC OPERATIONS! below  ADDL/SUBR INSD_WVD! Y  POLICYNUMBER CPO8746920-03  MMDDMYY POLICYEFF (MM/DDMYY POLICYEXP 1/31/2024 1/31/2025 EACHOCCURRENCE  LIMITS $1,000,000  DAMAGE TOF RENTED PREMISES (Ea occurrence) $100,000 MEDE EXP (Any one person) $5,000 PERSONAL &ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS- COMPIOP AGG $2,000,000 BODILYI INJURY (Perp person) $ BODILYI INJURY (Pera PROPERTY DAMAGE (Pera accident) AGGREGATE E.L. EACHACCIDENT E.L. DISEASE-EAE EMPLOYEE $100,000 E.L. DISEASE-POLICYLMIT $500,000  LOC SCHEDULED AUTOS X NON-OWNED AUTOS ONLY Y CLAIMS-MADE Y/N NIA  Y  CPO 8746920-03  1/31/2024 1/31/2025 COMBINED (Eas accident) SINGLELIMIT $1,000,000  $ accident) $ $ $10,000,000 $10,000,000 OTH- ER $100,000  AUC8714559-03 20WECAROY5S  1/31/2024 1/31/2025 EACHOCCURRENCE 1/31/2024 1/31/2025 x STATUTE PER  DESCRIPTION OFC OPERATIONS /LOCATIONS! IVEHICLES (ACORD 101, Additional Remarks Schedule, may! bes attachedi ifm more spacel is required)  RE: Credit Union Car Sale event at1 1901 Neal Metcalf Rd Enterprise AL: 36330. The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate ifa anyp policyl listed on the certificate is cancelled priort tot the expiration date. Failure to do sO shall impose no obligation or liability  ofa any kind upon the Producer ord otherwise alter the policyt terms.  CERTIFICATE HOLDER  CANCELLATION  SHOULD ANY OF1 THE ABOVE DESCRIBED! POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN  ACCORDANCE WITHTHEPOLICYF PROVISIONS. AITRORDAEPENTANE ChbhRW  City of Enterprise POE Box 311000 Enterprise AL 36331-1000  01988-2015 ACORD CORPORATION. All rights reserved.  ACORD: 25( (2016/03)  The ACORD name and logo are registered marks of ACORD    APHIS #: 21-7201-1823-RA APHIS WBS: APRA.RX01.72.0176  Revision# #1  Revision No.1 Between City of Enterprise And  COOPERATIVESERVICE AGREEMENT  The DEPARTMENT OF AGRICULTURE (USDA) ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)  WILDLIFE SERVICES (WS)  Under the provisions of Article 6 and the Financial Plan, City of Enterprise and USDA, APHIS, Wildlife Services mutually agree to revise Cooperative Service The Cooperator agrees to provide an additional $4000.00 for costs of services as indicated on the below Financial Plan. The Financial Plan includes annual cost over Itisf further understood by and between the parties that, in all other respects, the terms, conditions,  Agreement No. 19-7201-1823-RA as follows:  the entire agreement period.  and provisions oft the Agreement shall remain in full force and effect.  COOPERATOR City ofl Enterprise 501 south Main Street Enterprise Al 36331  Date  UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL. AND! PLANT HEALTH INSPECTION SERVICE  WILDLIFE SERVICES  Leif Stephens State Director Alabama  Date    FINANCIAL PLAN  Cost Element  Full Cost  Personnel Compensation Travel Vehicles Other Services Supplies and Materials Equipment Subtotal (Direct Charges) Indirect Costs Aviation Flat Rate Collection Agreement Total  $2845.89 $200.00 $100.00 $3145.89 $346.05 $508.06 $4000.00  Pooled Job Costs [for non-Over-the Counter projects]  11.00% 16.15%  The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of  this agreement, but may not exceed: fother description information to be added as desired)    USDA  United States Department of Agriculture  SUBJECT: REPORT OF USDA WILDLIFE SERVICES (WS)ACTIVITIES THROUGHOUT THE CITY OF ENTERPRISE FROM15MAY21-1FEB24.  To: City of Enterprise  From: Mike Williams (Wildlife Biologist, USDA Wildlife Services)  HIGHLIGHTS:  Responded to 28 properties within city limits. 265 person-day visits by Wildlife Services employees. Removed the below species and number:  Feral Swine (95) Beaver (18) River Otter (1) Coyote (5) Red Fox (6) Gray Fox (2) Armadillos (4) Raccoons (4)  PRIMARY PROJECTS IMAR2+-30SEPT24 (Expiration Date):  Continue coyote removal throughout city limits due to high volume Continue response to complaints throughout city limits.  ofc complaints.    City of Enterprise  Department of Engineering Services & Public Works  501 SI Main Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  a  OF DRCS  MEMORANDUM  TO: FROM: DATE: RE:  Beverly Sweeney, City Clerk  Barry Mott, City Engineer/Public Works Director  2/29/2024  Council Agenda - Request to Lease Airport Fuel Truck  l'am: seeking Council approval to enter into a lease agreement with Perry Brothers Aviation Fuels, LLC,  for a refueling truck as follows:  1 (one) 1999 International; 3,000 Gallon Jet-A, at $1,250.00 per month. This agreement  shall be for up to five (5) years from date of delivery.  This is a modification of our previous agreement with the City's aircraft fuel provider and was approved  in the Airport FY24 budget.  The lease agreement is subject to City Attorney review prior to execution by the Mayor.  G.E BarryMott, Abuie City Engineer/PW Director  Page 1    Perry Brothers Aviation Fuels, LLC Refueler Lease Agreement  This Refueler Lease Agreement ("Agreement") outlines the terms and conditions under which Perry Brothers Aviation Fuels, LLC("Lessor"): agrees to lease refueler listed below ("Refueler") to City of Enterprise Airport ("Lessee").  Lessor: Perry Brothers Aviation Fuels, LLC 125 Hwy 280 West Americus, Georgia 31719 Refueler: 1999 Intl; 3000 Gallon Jet Value: $125,000  Lessee: City of Enterprise Airport 867 Aviation Blvd Enterprise, AL: 36330 VIN#: IHTSCABNIXH676107 Unit #: J9920  Lessor has the option to swap out the Refueler for a refueler with the same or similar equipment ("Replacement"), ifLessor deems necessary, and all terms of this Agreement shall apply to the Replacement. Any modifications to thel Refueler and any Term - This Agreement and all obligations herein shall be for 5 year(s), beginning on 03/01/24 and ending on 02/28/29 ("Term"), or until terminated as provided herein. After the initial Term has expired, this Agreement will renew automatically on ayear-to-year basis until terminated by either party giving the other party 90 days prior written notice before the end ofthe Pricing & Payments - Lessee agrees to pay Lessor $1,250 per month ("Lease Payment") for the Term of the Agreement. Lessor will deliver Refueler to Lessee's facility for a delivery fee of $650 ("Delivery Fee") that shall be waived. At the conclusion of the lease, Lessor will pick up the Refueler for a return fee of $650 ("Return Fee") that shall be waived. The Delivery Fee andl Return Fee are subject Liquidated Damages in the event ofdefault by thel Lessee. Payment terms shall be, net due 30 days. If the Lessee becomes in default of the terms of this agreement, Lessee agrees to al late payment charge on any delinquent balance in the amount of 1.5% per month, 18% per annum or the maximum amount permitted by law from the date of default. Lessee agrees to pay any attorney or collection fees incurred in the collection of any delinquent balance or the Return Refueler shall be in the same good order and condition in which it was received by Lessee; reasonable wear and tear accepted. Upon non-compliance of Agreement by Lessee, Lessor shall have the right to take possession of Refueler at any time. Condition, Operation & Maintenance - It is understood and agreed that the Refueler provided hereunder will be operable when delivered. Lessee shall be responsible for any loss or damage during the Term ofthis Agreement. Lessor does not provide any warranty other than that provided by the specific component or equipment manufacturer. Lessee agrees that the Refueler shall be used only for dispensing aviation fuels purchased from Lessor unless prior written consent of Lessor. Lessee is an independent business operation and shall exercise direct control over all persons who operate the Refueler and shall ensure that such persons operate the! Refueler safely andi in accordance with all applicable laws, ordinances, rules, regulations, and industry standards. Lessee agrees to use the Refueler only for the purpose for which iti is intended. This Refueler may not be driven on public streets and/or highways. This Refueler may not be used by a third party without the prior written consent oft the Lessor.  modification to thel Leasel Payment must be agreed to in writing, by both parties.  initial Term or any subsequent renewal period.  enforcement of this agreement.  Lessee Obligations: Chassis - Furnish all fuel.  Check and maintain proper oil level in engine crank case. - Maintain proper air pressure int tires. Replace as necessary. Check and maintain proper level of all-season antifreeze in radiator. Check nozzle screens, and filtration equipment daily and clean, as necessary.  Check and maintain proper transmission fluid level in transmission and gear lubricant level in rear differential. - Check and maintain proper water level in battery and ensure battery remains properly charged. Replace as necessary. Ensure all fire extinguishers are fully charged, certified and in good working order. Replace as necessary.  Fueling System  Calibrate refueling system meters as necessary.  - Furnish any ladders.  Reimburse Lessor for replacement of parts or equipment lost from Refueler, and for all expenses incurred for repairs to, and/or replacement of parts oft the Refueler caused by, but not limited to, the carelessness, abuse, or neglect ofLessee. Advise Lessor at oncei if operation of truck or refueling system indicates need for repairs. Cost ofl local repairs or replacements by others will not be paid or reimbursed by Lessor unless prior authorization is secured from Lessor. Perform all industry standard recommended and regulatory required daily, weekly, monthly, quarterly, and semi-annual  Wash and clean Refueler as necessary to maintain good appearance.  and annual quality assurance inspections. Page 1 - Refueler Lease Agreement    Lessor Obligations (except as provided under Lessee obligations):  Major repairs on engine, drivetrain and transmission, and annual preventative maintentance on chassis, and annual filter Title tol Refueler- -Titlet tot thel Refueler remains with] Lessor throughout the Term oft the Agreement. Lessee shall note encumber the Refueler in any way. Lessee does not have any ownership interest in the Refueler and may not assign this Agreement to Indemnity & Insurance-I Lessee shall protect andi indemnify Lessor from anyi incidents, accidents, or causes of actions arising from Lessee's use oft thel Refueler. Lessee shall obtain and maintain worker's compensation insurance as required in Lessee's state, andi insurance on thel Refueler as follows: (a) physical damage in the amount ofr no less than $125,000, listing Lessor as (b) third party liability, including environmental risk coverage, in the amount of at least $1,000,000 combined, single limit for personal injury, death and property damage, per occurrence, and shall namel Lessor as additional insured. Suchi insurance shall be inj place as of the date of delivery of thel Refueler and shall remain in effect for the Term of the Lease. Upon request of Lessor, Lessee shall furnish to Lessor certificates ofinsurance demonstrating that Lessee has obtained thei insurance coverages Protection of] Refueler - IfLessee fails in any ofi its obligations to maintain the Refueler and preserve Lessor's) position in the Refueler, Lessor may perform any actl Lessor deems necessary to maintain thel Refueler and preserve. Lessor's position in the Refueler. Any expensei incurred by Lessor bys such action shall be deemed additional lease payments under this Agreement and payable on demand to Lessor. The performance of any such act shall not constitute a release of obligation or waiver of any Liquidated Damages - Ift this Agreement is terminated for any reason, except for breach by Lessor and Lessor's failure to cure such breach, prior to the expiration of thei initial lease Term, Lessor may claim liquidated damages of 100% of Delivery Fee, Return Fee, remaining Lease Payments due under the Term of this Agreement and any damage to and/or loss of the Default-I IfLessee defaults in any ofi its obligations oft this Agreement, Lessor shall give written notice to Lessee concerning the nature oft the default. Ifsuch defaulti is not corrected within 30 days of such notice, Lessor shall have the right to terminate the Agreement and collect Liquidated Damages. Should this Agreement be terminated for this or for any other reason whatsoever, Lessor shall have the right to take immediate possession of the Refueler without demand or legal process and free ofall rights of Lessee. Lessee specifically waives any right of action it might otherwise have arising out of such entry and repossession, whereupon all rights ofLessee int the Refueler or its contents shall terminate immediately. In the event of any action, legal or equitable, bye either party to enforce this Agreement or any ofits provisions, the prevailing party shalll be allowed Notices - All notices between Lessor and Lessee shall be in writing to addresses listed at the top, through certified U.S. mail. Governing Law & Venue - This Agreement, and the rights and obligations of the parties hereto, shall be determined in accordance with the laws of the State of Georgia, notwithstanding the place where the Refueler may be used or the place to where itis delivered. In thee event oflegal action between the parties, the venue of said action shall be Sumter County, Ga.' The Entire Agreement = The terms and conditions of this Agreement constitute the entire agreement among the parties and supersede all previous negotiations,' representations, or agreements between the parties, whether written or oral. Ifany part of this Agreement is deemed to be unenforceable, the remainder oft this Agreement shall remain in full force and effect. Only a  replacement on fuelings system.  anyone without the prior written consent ofLessor, which shall notl be unreasonably withheld.  set out above.  default on thej part of thel Lessee of any part oft this Agreement.  Refueler or any part(s) oft thel Refueler, during the Term of this Agreement.  areasonable: attorey's feet tol be set by the court and taxed as costs in the action.  parties hereto expressly, voluntarily, andi intentionally waive any right to trial byj jury.  written instrument executed by Lessor and Lessee may amend this Agreement.  Lessor: Perry Brothers Aviation Fuels, LLC  Lessee: City of Enterprise. Airport Signature: Print: Barry Mott Title: Date:  Signature: Print: Davel Perry Title: Date:  Managing Member  Lessee Contact Title  Page 2 I Refueler Lease Agreement    AIIVO 100350451018 ISAW SOMOMHISM        VEI  ON  neywww        FY22 RESURFACING IMPROVEMENTS, PHASE III (A) CITY OFE ENTERPRISE, ALABAMA ECTONC0668-CMANGE ORDER FORM  11-460  Change Order No. Effective Date: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.:11-460 Contract Name:  Date of Issuance:  Owner: The City of Enterprise, AL Contractor: Wiregrass Construction Company, Inc. Engineer: Poly, Inc. Project: FY22 Resurfacing Improvements, Phase III (A) The Contract is modified as follows upon execution oft this Change Order:  Description: Construction of Dozier Road Improvements in accordance with contract plans prepared by Poly, Inc. dated. July 2023. Construction toi include Dozier Road and associated right turn lane improvements on Alabama Highway! 51 in accordance with the approved ALDOT BM-111 Permit dated. August 11, 2023. Attachments: Revised Proposal Form for Dozier Road improvements for the City of Enterprise, Alabama  originally dated July 2023.  CHANGE IN CONTRACT PRICE  CHANGE IN CONTRACTTIMES [note changes in Milestones ifa applicable]  Original Contract Price: $3.995,328.50 Orders No.. toN No.. $N/A  Original Contract Times: Substantial Completion: March 2, 2023 Ready for Final Payment: April 16.2023  days or dates  [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change  Orders No.. toNo.. Substantial Completion: N/A Ready for Final Payment: N/A Contract Times prior to this Change Order: Substantial Completion: March 2,2023 Ready for Final Payment: April 16, 2023 Increase [Decrease] of this Change Order: Substantial Completion:: 472 calendar days Ready for Final Payment: 472 calendar days Contract Times with all approved Change Orders: Substantial Completion: June 14,2024 Ready for Final Payment: July 29,2024  days  Contract Price prior to this Change Order:  $3,995,328.50  days or dates  Increase [Decreasel of this Change Order:  $.608,848.75  days or dates  Contract Price incorporating this Change Order:  $4,604,177.25  days or dates ACCEPTED:  RECOMMENDED: Engineer (ifr required)  ACCEPTED: Owner (Authorized  By: Date:  By: Date:  By: Date:  Contractor (Authorized Signature) Title: Jamey Padget, Assistant Secretary  Title: C.Glenn Morgan, Project Manager Title: William E. Cooper, Sr., Mayor  CHANGE ORDER FORM  006363-1    ATTACHMENT (REVISED) PROPOSAL FORM DOZIER ROADI IMPROVEMENTS FOR THE CITY OF ENTERPRISE, ALABAMA  ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18  QTY UNIT  DESCRIPTION  Unit Price $ LUMP SUM $ LUMP SUM $ LUMP SUM $ 134,000.00 $ 22.00  Total Price $ 73,000.00 $ 14,750.00 8,800.00 $ 2,275.00 $ 55,237.50 $ 14,700.00 $ 77,332.50 $ 16,415.00 $ 17,885.00 $ 63,860.0 $ 37,240.00 $ 2,080.00 $ 9,200.00 $ 9,792.00 $ 13,200.00 $ 5,500.00 2,537.50  1 L.S. Mobilization, Including Bonds, Insurance, Etc. 1 LS. Unclassifed Excavation, Complete In Place For,  Traffic Control Plan and Implementation, Complete Select Backfill Borrow Material, Complete In Place Thickness, Complete In Place For  1 L.S. 400c.Y.  In Place For For,  35/S.Y. Gravel Drive (#57 Stone or Larger), 4" Compacted $ 65.00 4,910/s.Y. 165 Lb. Per S.Y. Plant Mix Wearing Surface (424-A- 340) ESAL Range (A/B), Including Tack, Complete In $ 11.25 980S.V. 165 Lb. Per S.Y. Plant Mix Wearing Surface (424-A- 360) ESAL Range C/D), Including Tack, Complete In $ 15.00 4,910/s.Y. 275 Lb. Per S.Y, Plant Mix Upper Binder (424-B-636) ESAL Range (A/B), Including Prime Coat, Complete $ 15.75 980/s.V. 250Lb. Per S.Y, Plant Mix Upper Binder (424-B-651) ESAL Range (C/D), Including Tack Coat, Complete In $ 16.75 980S.Y. 250L Lb. Per S.Y, Plant Mix Lower Binder (424-B-681) ESAL Range (C/D), Including Prime Coat, Complete $ 18.25 5,150s.Y. Granular Soil Base, 8" Thick (ALDOT 821) To Include Subgrade Preparation, Complete In Place For 980s.Y. Crushed. Aggregate Base, 6" Thick (ALDOT 301-A- 025)Type B, Road Mixed To Include Subgrade Preparation, Complete In Place For 26L.F. 18" Corrugated Plastic Pipe (Smooth Wall Interior), Complete In Place For 100L.F. 18" Roadway Pipe (Class 3 RCP), Complete In Place For 72/L.F. 29" Span, 18" Rise Roadway Pipe (Class 3 RCP), Complete In Place For 4EA. Concrete Slope Paved Headwall, Complete In Place For 2EA. Concrete (Wing) Headwall, Complete In Place For 25/TON Rip Rap (Class 2) with Filter Fabric, Complete In  Place For, Place For, In Place For, Place For, In Place For,  $ 12.40 $ 38.00 80.00 $ 92.00 $ 136.00 $ 3,300.00 $ 2,750.00 $ 101.50  Place For  P.E. Project No. 11-453.01  PAGE10F2  JULY2023    ATTACHMENT (REVISED) PROPOSAL FORM DOZIER ROADI IMPROVEMENTS FORT THE CITY OF ENTERPRISE, ALABAMA  ITEM NO. QTY UNIT 19 20  DESCRIPTION  Unit Price $ 91.00 $ 1.55 $ 1.55 $ 2.05  Total Price $ 2,730.00 $ 102.00 $ 4,495.00 $ 5,673.00 $ 338.25 $ 1,122.00 $ 459.00 $ 9,900.00 7,100.00 6,600.00 $ 7,050.00 $ 5,475.00 608,848.75  30LF. 8" Concrete Header Curb, Complete In Place For  10E.A. Pavement Markers, Class A-H, Type 2C, Completel In $ 10.20  Place For  21 2,900L.F. Solid' Yellow, Class 2, Type A1 Traffic Stripe (5"  Wide), Complete In Place For Complete In Place For Wide), Complete In Place For In Placel For In Place For  3,660LF. Solid White, Class 2, Type A1 Traffic Stripe (5" Wide), 165L.F. Dotted White, Class 2, Type ATraffic Stripe (5"  22 23 24 25 26 27 29  110S.F. Traffic Control Markings, Class 2, Type A, Complete $ 10.20 45/S.F. Traffic Control Legends, Class 2, Type A, Complete $ 10.20  15EA. Compaction Test, Complete In Place For 1Ls ADEM NPDES Permitting and Compliance, Complete In Place For  660.00 $ LUMP SUM $ 6.00 $1 2,350.00 3.65  28 1,100/s.V. Solid Sod (Bermuda), Complete In Place For 30 1,500L.F. Silt Fence, Complete In Place For  3AC. Seeding and Mulching, Complete In Place For  TOTAL PROPOSAL AMOUNT  P.E. Project No. 11-453.01  PAGE20F2  JULY2023    Lighting Services NESCO Lease Agreement Governmental-S)  ALABAMA ASOUTMERN COMARANVY County Coffee Alt Te/334-348-2650  POWER  Customer Legal Name CITY OF ENTERPRISE Service Address 0 STREET LIGHTS ENTERPRISE, AL. 36330 Mailing Address PO BOX 311000 ENTERPRISE, AL. 36331  DBA GATEWAY: S/D (INDIAN CAMP CRSG & ARROWHEAD DR)  Email_ Tax ID  Te1:334-347-1211  Business Description Other General Government Support  Existing Customer? Yes D NoD If Yes (and ifp possible), does Customer want Yes NoD Existing Account 00247-75040  Equipment added to ane existing account?  Fori informational, purposes only  Equipment  OHI M Equipment Estimated UG UM Amount ($) Regulated  Estimated Monthly  Qty Wattage Type 40 Area  Description 5,200- 7,200 Lumens Type IIG Gray  Charge ($)" Charge ($)*  (1) 2 (2) (3) (4) (5) (6) 7) (8) () (10)  OH UM  Monthly Total* $89.78  $1.78  $91.56  Project Notes: Install fixtures as listed above and associated equipment.  Initial Term 36  months  Prepaid Amount  $0  The Regulated Charge is subject to change at any time as dictated by the Alabama Public Service Commission. The amount shown is ane estimate based on the Unmetered Outdoor Lighting (ODL) rate in effect at time ofAgreement proposal; actual charges may vary.  Customer agrees tol lease the Equlpment referenced above from Alabama Power Company on the attached terms and conditions and authorizes all  actions noted above. Customer Authorized Signature Sign Here Print Name Print Title  Date  Alabama Power Company Sign Here Print Name Print Title  Date  APC Internal Use Only- APC Reference Number (if applicable):  NESCsafederally registereds rademark of IEEE  Page 1of2  Rev. 05112017    TERMS and CONDITIONS (NESC Governmental-S)  1. Lighting EqulpmentLase. This Lease Agreement "Agreement"): states thes agreedt terms and conditions upon which Alabama Power Company ("APC") will: () leaset to" Customer" (identified on Page 1)tho" "Equipment", referenced on Page 1for use att thes stated" "Service Address" (the' "Premises");: and (i)p provide electric servicet toc operatet the Equipment. The' "Equipment" Includes all poles, bases, wiring. conduit, fixtures, controls, and related items necessary top provide lighting servicet throught the listedf fixtures, unless expressly noted otherwise in" Proiect Notes." Customer acknowledges that regulatory change during the Intent and Title. This Agreement is notas sale oft the Equlpment to Customer. Customer expressly acknowledges that APCI retalns title tot the Equlpment and agrees that this Agreement only gives Customer ther right to use the Equipment duringt the Agreement term, so! long as Customer complies with allt terms and conditions. Customer acknowledges that the Equipment, although attached tor real property, always will remain thee exclusive personal property ofA APC and that APC may removet the Equipment whent this Agreement ends. Customer authorizes APC, withoutf furtherd consent ora action, tof files any UCCI financings statement or security agreement relating tot thel Equipment: and agrees that APC may record those documents. APC makes nor representation or warranty regarding treatment oft this transaction! by thel Intemal Revenue Service or thes status oft this Agreement undera any federal ors state tax law; Customer enters Intot this Agroement in sole Term. Thei initial Agreement termi is stated on Page1 1,calculatedf from the date oft thef first monthly bil. After thei initialt term, this Agreement: automatically renews ona month-to-month basis until terminated! bye either party by providingy written notice ofh Intent tot teminate tot the other party atl least: 30 dayst before the desired termination date.. APC's address forr notice is P.O. Box 2641, Birmingham, Alabama 35203; Customer's mailing address isr noted on Page 1. Payment. APC willi invoice Customer pert thet terms stated onf Page 1,6 subject to any change int the electric service charge dictated! byt the Alabama Public Service Commission. Customer agreest top pay the amount! biled byt the due date (20 daysa after! biling date). Applicable taxes includedi int the Equipment price ares subject to change ats any time. Ifat balance is outstanding pastt the due date, Customer agrees top payt the greater of1 1.5% of the unpaid balance or $2.00 and acknowledges that APCn may require Customer top pay a deposit of up tot twot times the Estimated Monthly Charge in order too continue service. lfapplicable, Customer must provide a copy Premises Activity. Customer grants al license and right ofa access to APC, andi its contractors and representatives, to entert the Premises with vehiclos and equipment to: ()i install and connect the Equipment and, Happlicable, remove or disconnect existing equipment (collectively. the "Installation"); (i)i inspect, maintain, test, replace, repalr, orn remove the Equipment; (), provide electrics servicef fort the Equipment; or (Nv) conduct anyo other Agreement-related: activity( (items- (v)collectively, the "APC Activity"). Customer will not cause orp permit any obstruction! that mayl Interfere with APC's access tot the Equipment. Customer represents that thei individual signingt this Agreement oni itst behalf has authority toc do so and thati ith has express authorityf from all Premises owners (and anys other party with rights int the Premises) to enteri Intot this Agreement and to authorize the APC Activity. Customer is solelyr rosponsible for safety oft the Premises and agrees that APCI has no obligation to ensure the safety oft the Premises orp persons or property entering onto Customer's Premises. Installation. Customer represents that @)t thef Premises' final gradev will vary nor more than 6b inches fromt the grade existing att thet time of! Installation; and (I)# A. Customer Work. IAPC, upon Customer's request, allows Customer top perform any part oft the Installation (includingt trenching)i itself art through at third party, Customer warrants that the work willr meet/ APC's installation specifications (which APC will providet to Customer anda arel incorporated byt this reference). Customeri is responsiblet for allr reasonable additional costs arisingf from Customer's non-compliance with APC's specifications orl lack oft timely (e., Underground! Faelly/Obstruction! Not Subject to! DIa Law. Because APC Activity may require excavation nots subjectt to the Alabama's Underground Prevention Legislabion (Ala. Code 1351-3A11DDI Law), Customer must mark any private utilty ort facliity (e.g., gas/ water/sewer line; irrigation facility; low voltage dmtalcommunication! line) or other underground obstruction at the Premises that is note subject tot the Dig Law. IfAPC causes ori incurs damagec due to Customer's falluret tor mark ap private faclilty or obstruction! before APC commences Installation, Customer Is responsible for Untoreseen Condition. Thee estimated charges shown on Page 1 include noa allowancet for any subsurface rock, wetland, underground stream, buried waste, unsuitable: soll, underground obstruction, archeological artifact, burialg ground, threatened are endangered species, hazardous substance, etc. not properlyr marked orl dentified "Unforeseen Condition"). IFAPC encounters an! Unforeseen Condition, APC,Init its sole discretion, may stop all APCA Activity until Customer eltherr remedies the condition ora agrees tor reimburse all APC costs arising from the condition. Customeri is responsible fora allo costs of Equipment modification ord change requested by Customer or dictated byan Unforeseen Condition ord circumstance outside APC's control. 7. Equlpment Protection and Damage. After Installation andt throughout this Agreement's term, int the event ofe any work orc digging neart the Equipment, Customer (or any person or entity working on Customer's! behalf)n must: ()p provide notices and! locate requests by calling Alabama 811 or1 1-800-292-8525; and (), provide notices too other utilities ord operators asr required byt the Dig! Law. As between Customer: and/ APC, Customer isr responsiblet for all damages arising from falluret to comply with Verification of Equipment Installed. Each party will appoint representative(s) (the' Representative"), to verify the completion of the Installation by counting the upgraded equipment (the Equipment Count"). Int the event that the Equipment Counti is not completed within thity (30) days ofc completion, billing will be updated based an APC's installation completion count until such time as verification can be completed. Any discrepancies will be mutuaily resolved and billing will be . Maintenance. Duringt this Agreement's term, APC will maintain the Equipmente and will bear the cost ofr routine repair or replacement. Customer must notify APCof 10, Disclaimer; Damages. APCmakes no covenant, warranty, orr representation: ofa any kind (Including warranty off fitness for ap particular purpose or of merchantabiity): regarding the Equipment or any APC Activity. Customer also acknowledges that, due tot the unique characteristics oft the Premises, Customer's needs, or Equipment choice, the Equipment may notf follow IESNA guidelines. Customer waives any rightt to consequential, spocial, indirect, treble, exemplary, Incidental, punitive, loss ofbusiness reputation, or! loss of use (Including loss ofrevenue, profits, or capital costs) damages Inc connection with the Equipment or this Agreement, or arising from damage, hindrance, or delayi involving the Equipment ort this Agreement, whether or not reasonable, 11. Indemnlty. Tot thef fullest extent allowed! by law, Cuslomer agrees toi indemnify, release, hold harmless, and, atA APC's request, defend APC and Its affliates and contractors (and their officers, directors, employees, representatives, anda agents)f fromo or against any! loss, damage, cost, expense, orl lability! (including actual attomeys' fees reasonably incurred ands alle expenses ofi investigation and defense) for any damage or claim for personal or bodily injury (including death), property damage (including! loss ofu use), monetary damage, ore equitable relief caused byo or arisingo out ofe any misrepresentation: ore act or cmission of Customer Involving this Agreement, the Equipment, or the! Premises, whether or noto caused by or arising out oft thej joint, concurrent, ord contribulory (butr nots sole) negligence ofAPC. 12. Default. Customeri is inc default lCustomer does not payt the entire amount owed within4 450 days ofb billing. APÇ'swaiver ofa any past defaulty will not walve any other default. Ifdefault occurs, APC, ath its discretion, may immediatelyt terminate this Agreement, collect allp past due amounts (Including late fees)a and alle amounts duei for thet Equipment duringt ther remaining/ Agreement term, remove the Equipment from the Premises, ands seek any other available remedy. 13. Miscellaneous. This Agreement contains the parties' entire agreement relating tot the Equipment: and replaces any prior agreement, written ord oral. Onlyaw written amendment: signed by eachp party canr modifyt this Agreement, except that either party may update administrative or contacti information (e.g., address, phone, website)a ata anyt timet byy written notice tot the other party. Customer will not assign, inw whole ori inp part, this Agreement ori itsA Agreement rights ord obligations without APÇ's priory written consent. No assignment, whether with orv without consent, relieves Customer ofil its Agreement obligations. Customer must provide advanced notice ofac changei inc control ofs all, or substantially: all, of Customer's ownership orl interest Int thel Premises. Int this Agreement, "including" means' including. but not limitedt to." Alabama law govems this Agreement. Ifac court rules an Agreement provision unenforceable to any extent, the rest oft that provisions and all other  Agreement term may requireA APCI ton modify or replaces some Equipment.  rellance upon Customar's ownadvisors.  ofits Alabama sales taxe exemption certificate.  applicable and required for properl Installation, Premises property! lines wil! be clearlyr marked beforel Installation.  10d days')notice toA APCt that APC's! Installation activity can commence.  allo damages ande any resulting delay.  applicable law orf for Equipment damage caused by anyone other than APC (or an APC contractor orrepresentatve).  adjusted accordingly.  any need for Equipment repair by caltingt the Business Service Center at1-888-430-5787.  foreseeable, contemplated, oravoidable.  provisions remain effective.  Rev. 05112017  Page 20f2    CITY OF ENTERPRISE LED STREETLIGHT PROJECT SUMMARY- COMPARABLE FIXTURE UPGRADE  Current HIDF Fixturel Deserytien-BEPORE Alabama Power Owned Fhtures: Open Bottom 100WKPS AlabamaP Powwer Owned Fhtures Buy Do tos Standard: AlabamaPower Owned Poles- BuyDownt tos Standard: Total Alabama Power Owned Fixtures andPoles: Customer Owned Fhtures: TotalCustomer Omned: Additional Facilities Totals: CURRENT MONTH CSS BILLING Notes: Information! ford discussion purposes only LED-lightE Emitting Diode HID. High Intensity Discharge MV. Mercury Vapor HPS-High Pressures Sodium MH. MetalHalide W- Watt  HIDFture Total Pricn Totall Manthly HD Count PerF Fhture Price  LEDF Fixturel Deseription- AFTER Alabama Power Owned Fhtures: Alabama Power Owmned Fatures-BuyDant toStandard: Alabama Power Owned Poles-BuyD Downt to Standard: $0.00 TotalA Alabama Power Owmedf Fixtures and Poles: Customer Ownod! Fhdures: $0.00 TotalCustomer Owned: $0.00 LAdditionalFadities $0.00  LEDI Fhtura Totalp PriceP Per TotalMonthly LED Totalincrease Count Flture  Price orDecrease 510.61 $21.22 $21.22 $21.22 $22.22 $0.00 $0.00 $70.34 $70.34 $91.56 91.56  0 $11.72 $0.00 Cobra Head- 5,200-7,200 tnitiallumens  o  Fixture totals are estimated based on current APCbilingr records andf fieldr review. Finalquantities: andp pricingn may varyd dependingo on actuallEDf fixturel Installed.  Total Monthly! LEDE pricing based cn Master Contract for Ughting Services Fbxtures Exhibit