City Council

AGENDA CITY COUNCIL MEETING COMMITTEE OF THE WHOLE AUGUST 19, 2013 4:00 PM 1. Councilmember Discussion Period A. Councilman Harris 2. Director of Finance and Administrative Services – A. Amend Business License Ordinance – Rental Reports and Returns B. Application for Franchise – C.Q.C., Inc. (Zorn) C. Taxi Franchise Applications: Rock & Roll Taxi, LLC, Modern Limousine & Taxi 3. Director of Recreation and Cultural Affairs – A. Assembly Permit Application – 2013 Coastal Clean-Up B. Assembly Permit Application – National Night Out 2013 C. Assembly Permit Application – Team Magic, Inc. D. Assembly Permit Application – The Hangout/Oyster Cookoff E. Assembly Permit Application – Trinity Yoga Studio 4. Planning Director – A. Claude Peteet Mariculture Center – Sign Request 5. Public Works Director – A. Transportation Study – Skipper Associates, Inc. 6. City Clerk – A. Reschedule Council Work Session – September 2, 2013 7. City Administrator – A. Airport Grant Agreement 8. Mayor – A. Updates 9. Adjourn A. Adjourn Memo To: Mayor & City Council From: Steve Griffin Re: Proposed Vacation Unit Business License Revisions Based on comments from the public hearing conducted on August 5, 2013, attached you will find a revised draft ordinance that is intended to address the majority of comments. The majority of the comments / suggested changes dealt with Section 8-41 (b) Designation of Current Local Contact or Designee For Each Dwelling Unit Utilized For Vacation Rentals and included: • The permit posting and content should not include names, phone #s, addresses, etc. • Who is responsible for letting the City know of local contact changes? • Condominium contacts and posting on each unit vs. office • Can posting be on rental sign in front yard of properties vs. on door of a unit? Recommendations: • We have proposed changes to the draft ordinance to state that the permit issued shall only include the taxpayer ID (or other unique # or bar code) vs. name, address, telephone number and email address of the contact. IT staff is working internally to determine the computer enhancements or readers necessary to support the program. • We have also proposed changes to draft ordinance to clarify that the posting for multi-family structures containing three or more dwelling units can be posted within the structure at a central conspicuous exterior location (an interior area can include the onsite management office or some other common area).  • The business licensee would be the responsible party for contact changes during the year. • Postings can already be allowed on the front yard signs since they are “conspicuous exterior position.” The other comments generally dealt with the requirements for monthly reports by units as outlined in Section 8-208 Monthly Reports and Annual Returns To Be Filed Separately In The Name Of The Actual Licensee • What is the purpose of these individual filings? • Can license # vs. taxpayer ID be used? • Gross receipts reported to the State cleaning/parking/management fees and the City gross receipts for business licenses do not include such fees Recommendations: The purpose of the draft ordinance changes are to better enforce unlicensed units. The Revenue Division has determined the taxpayer ID is the most unique identifier we have to access needed information for emergency and enforce issues. Staff recommends we make any changes to this section.  Rental Reports and Returns ORDI A CE O. A ORDI A CE TO AME D THE CODE OF ORDI A CES, ADOPTED JULY 24, 1989, AT CHAPTER 8, BUSI ESS LICE SES, TAXES, A D REGULATIO S, ARTICLE I. I GE ERAL, TO ADD SECTIO S 8-41 A D 8-42 TO FURTHER REGULATE THE BUSI ESS OF DWELLI G U IT VACATIO RE TALS A D AT ARTICLE VII, SALES USE, LODGI G A D RE TAL TAXES, DIVISIO 4, LODGI G TAX, TO AME D SECTIO 8-208 TO FURTHER REGULATE THE FORM A D CO TE T OF REQUIRED REPORTS A D RETUR S ______________________________________________ WHEREAS, the City Council of the City of Gulf Shores has determined that the recurring inability of the City to contact representatives of persons engaged in the rental of dwelling units for vacation rentals when necessary to promptly address issues raised by the condition or occupancy of such units has been shown to be a material impediment to the City’s ability to ensure the safety and welfare of the public; and WHEREAS, the City Council of the City of Gulf Shores has determined that the failure of persons reporting and remitting collected lodging taxes to identify the specific business licensee with respect to whom such taxes are being reported and remitted materially impedes the City’s ability to monitor and collect business license fees and lodging tax owed with respect to the rental of dwelling units for vacation rentals; and WHEREAS, the City Council has determined that the further regulation of the business of dwelling unit vacation rentals and the reporting and remitting of lodging taxes is required; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON ____________, 2013, as follows: Section 1. That Article I In General of Chapter 8, Business, Licenses, Taxes And Regulations of the Code of Ordinances, adopted July 24, 1989, be and it is hereby amended by the addition of Sections 8-41 through 8-42 reading in their entirety as follows: Sec. 8-41. Designation and Maintenance of Local Emergency Contact By Business Licensed For Vacation Rental Of Dwelling Unit Required; Definitions. (a) Definitions: As used in Section 8-41 through 8-42, the following terms shall have the following meanings: Dwelling Unit shall mean a room or group of rooms including a kitchen, sleeping and sanitary facilities designed and used exclusively or occupied as separate living quarters by not more than one (1) Family and located within the {M0149242.1} Ordinance No. (cont'd.) Page 2 City of Gulf Shores or its police jurisdiction. The term "Dwelling Unit" does not include a Sleeping Unit in a bona fide Motel or Hotel but does include a Sleeping Unit in a Condotel. All undefined capitalized terms included in this definition have the meanings defined in the Zoning Ordinance of The City of Gulf Shores as in effect from time to time. Vacation Rental shall mean any lease, sublease, rental, or other licensing of the use of a Dwelling Unit by an owner or lessee for any period of fewer than 180 consecutive days. Local Emergency Contact or Designee shall mean a person identified by name, address, telephone number, and email address who will at all times be on call to appear onsite at a Dwelling Unit to deal with any issue relating to the condition or occupancy of the Dwelling Unit within 120 minutes after transmission of a telephone and/or email request for such appearance by any City law enforcement officer and/or City firefighter. (b) Designation of Current Local Emergency Contact For Each Dwelling Unit Utilized For Vacation Rentals. At the time application is made for the issuance or renewal of a license to engage in the business of Vacation Rental of a Dwelling Unit, the person to be licensed shall designate a Local Emergency Contact with respect to the Dwelling Unit for the duration of the license year. The licensee may file an amended designation to substitute a replacement Local Emergency Contact as the need may arise during the license year, but the designation of a current Local Agent with respect to the Dwelling Unit shall be maintained by the licensee at all times during the license year. The City Revenue Department shall issue to each person engaged in the business of Vacation Rental of a Dwelling Unit a vacation rental permit coded so as to identifying to City personnel the name, address, telephone number, and email address of the current designated Local Emergency Contact for the Dwelling Unit. The vacation rental permit shall be posted and maintained in a legible condition in a conspicuous exterior position at the primary entryway to the Dwelling Unit. In the case of a multi-family structure containing three (3) or more Dwelling Units, the City Administrator or his or her agent may approve the posting of all vacation rental permits for Dwelling Units in the structure at a central conspicuous exterior location in the structure. (c) Failure To Comply With Requirements Of Section Punishable As An Offense. It shall be an offense punishable as provided in Section 8-42 for a person engaged in the business of Vacation Rental of a Dwelling Unit (1) to fail to maintain a current designation of a Local Emergency Contact, (2) to fail to post and maintain the current vacation rental permit at the Dwelling Unit as required in Section 8-41(b) above, or (3) to fail to cause the designated Local Emergency Contact to appear timely at the Dwelling Unit as prescribed in Section 8-41(a) when summoned by an officer of the City. Each day or portion of a day on which a current designation of a Local Emergency Contact is not in effect shall constitute and be punishable as a separate offense. Each day or portion of a day on which a current vacation rental permit is not posted and maintained in a legible condition {M0149242.1} Ordinance No. (cont'd.) Page 3 in a conspicuous exterior position at the primary entryway to the Dwelling Unit shall constitute and be punishable as a separate offense. Each failure of the designated Local Emergency Contact to appear timely at the Dwelling Unit when summoned by an officer of the City shall constitute and be punishable as a separate offense. Sec. 8-42. Penalty For Violation of Section 8-41. Any person engaged in the business of Vacation Rental of a Dwelling Unit violating Section 8-41 of the Code of Ordinances shall be guilty of an offense and, upon conviction, shall be punished for each offense as follows: For each violation of Section 8-41(c)(1) by a fine of not less than $100.00 and not more than $500.00. For each violation of Section 8-41(c)(2) by a fine of not less than $100.00 and not more than $500.00. For each violation of Section 8-41(c)(3) involving a complete failure of the designated Local Emergency Contact to appear at the Dwelling Unit when summoned by an officer of the City by a fine of $500.00. For each violation of Section 8-41(c)(3) involving a failure of the designated Local Emergency Contact to appear timely at the Dwelling Unit when summoned by an officer of the City by a fine of not less than $100.00 and not more than $500.00 for the first offense, a fine of not less than $250 and not more than $500.00 for second offense and a fine of $500.00 for the third and each subsequent offense. Any natural person violating any provision of Section 8-41 shall, upon conviction, also be subject to imprisonment for each offense for a period not exceeding 30 days, in the discretion of the court trying the case. Section 2. That Section 8-208 of Article VII, Sales, Use, Lodging And Rental Taxes, Division 4, Lodging Tax of Chapter 8, Business, Licenses, Taxes And Regulations of the Code of Ordinances, adopted July 24, 1989, be and it is hereby amended to read in its entirety as follows: Sec. 8-208. - Monthly Reports And Annual Returns To Be Filed Separately In The ame Of The Actual Licensee; Reports Under Oath. (a) All reports and returns required under Section 8-205 and Section 8-206 shall be filed separately in the name of the person on whom the taxes levied by this article are imposed, with a clear designation of the taxpayer identification number shown on the City business license held by such person. Rental agents and management companies may not file composite returns on behalf of their owner clients that do not separately allocate gross proceeds and payments on the basis of the City taxpayer identification numbers of the various owner clients. If lodging tax remittance is made utilizing a composite state/county/city system that does not provide the City with a {M0149242.1} Ordinance No. (cont'd.) Page 4 separate allocation based on City taxpayer identification numbers, separate reports and returns containing the required allocation information shall be filed with the City. (b) The monthly reports herein required to be made are not required to be made on oath; but wherever in this article any report is required to be sworn to, the same shall be sworn to by the taxpayer or his agent before some officer authorized to administer oaths, and any false statement of a material fact made with intent to defraud shall constitute perjury, and upon conviction thereof the person so convicted shall be punishable as provided by law. Section 3. That this Ordinance shall not be interpreted to repeal any other ordinance of the City of Gulf Shores or any provision of the law of Alabama adopted by operation of Section 1-8 of the City’s Code of Ordinances. Section 4. That the provisions of this Ordinance are severable and a determination of the invalidity of any portion of this Ordinance shall not affect the validity and enforceability of the remainder of the Ordinance. Section 5. That this Ordinance shall become effective on and after January 1, 2014. following its adoption and publication as required by law. ADOPTED this __ day of __________, 2013. __________________________ Robert Craft, Mayor ATTEST: ___________________ Wanda Parris, MMC City Clerk CERTIFICATE _____________________ I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Ordinance No. (prepared by City Clerk), which Ordinance was duly and legally adopted at a regular meeting of the City Council on ____________, 2013, and the same was duly published by as required by law. _____________________________ City Clerk {M0149242.1} Memo To: Mayor & City Council Re: Taxi Franchise Applications We have two companies applying for a Taxi Franchise. Both have paid their application fee and submitted the required documentation. Staff recommends approval of franchise application. 1. Rock & Roll Taxi, LLC – Bethany Brown Gulf Shores AL 2. Modern Limousine & Taxi – Don Gomien Mobile AL  Langley-Colonial, LLC 300 West Vine Street, Suite 2200 Lexington, KY 40507 (859) 253-2255 Fax (859) 254-6002 www.langleyproperty.com August 15, 2013 To whom it may concern: This letter is to verify that Pelican Place at Craft Farms is happy to host National Night Out. If you have any questions, please don’t hesitate to contact me at 251-968-3638 Best Regards, Angie Sims Property Manager  STAGING MAP: RESTROOMS, FINISH LINE, TRANSITION AREA, FOOD, AWARDS All event activities are hosted in and around The Hangout Tri It On Bike Out ACT Bike Out Run Out Bike In Portable Tri It On Racks Toilets Run In Awards Area Hangout Race Transition Restrooms Area Packet Pick Up & Post Race Food On Back Porch / North Porch Intermediate Racks Relays Public Restrooms Portable Toilets Race Finish Line  Party & Awards Transition Area Race Finish Line To Transition Across Beach Swim Start & Finish Both Distances: Intermediate Course 1.5k: > completes 2 loops of longer rectangle to the right > exit the water to cross a timing mat between laps Tri It On Course 300 yards: completes 1 short loop at triangle area shown to the right Start Information Both races are conducted with a time trial / individual start with the lowest race number entering the water first. Racers enter approximately every 3 seconds with their race time starting when they enter the water. Start Time = 7 am for Coastal Tri It On 300 yards Start Time = 7:30 am for Intermediate Distance 1.5k  Brett Robinson Coastal Tri-It-On Triathlon Bike Course Coastal Tri-It-On Distance = 7 miles (Right Hand Loop Course) Coastal Tri It On Course Description • Left from transition on E. Beach Blvd (east side of The Hangout) • Right on Hwy 59 North • Right on Hwy 180 • Merge onto State Park Rd 2 • Right on E. Beach Blvd • Left into transition area (east side of The Hangout) Start and Finish at The Hangout Brett-Robinson Alabama Coastal Triathlon: Intermediate Bike Course Overview Bike Course Notes for the Intermediate Distance (40k course) • Bikes are racked by assigned racer # - 7 bikes per rack – find your number range – rack in your same spot before & after the bike • No riding bikes in the transition area – begin riding after you cross the designated bike mount line • Remember to check your handle bar ends to make sure they have “bar end plugs” – see a Team Magic representative if yours are missing • Bike Support will be on site & on the course to help with minor repairs and issues and emergency fixes • Relay Teams will have a tent for exchanging the timing chip – the tent will be located in the southeast corner of the transition area Directions • Depart the transition area from The Hangout going east on E. Beach Blvd (right turn out of the transition area) • Proceed to around mile 8 where you will cross the Perdido PASS Bridge • Turn right after crossing the PASS and loop under the PASS, then turning right to go back across the PASS • Proceed back toward The Hangout heading west on E. Beach Blvd until you get to State Park Road 2, just after mile 16 • Turn right onto State Park Road 2 • Proceed to around on State Park Road 2 to the bike turnaround just beyond mile 19 • Continue back to E. Beach Blvd on State Park Road 2 then Turn right onto E. Beach Blvd. heading west • Proceed west on E. Beach Blvd back to the race transition area on the East side of The Hangout • Dismount your bike as instructed at the designated dismount area • Return your bike to the same bike rack in the race transition area  ROUTE: Alabama Coastal Triathlon Brett Robinson 10K/2mile Alabama run route Coastal 9/11/10 and Coastal Tri-It-On Triathlon: Triathlon DISTANCE: [1]6.20 mi LOCATED: Gulf Shores, Alabama Intermediate Distance = 10k Run (Out and Back on W. Beach Blvd.) ROUTE DESCRIPTION: Coastal Tri-It-On Distance = 2 miles (Out and Back on same course as Intermediate 10k Run No Description Provided Hydro Stations There will be plenty of water and energy drink available for both courses & iced towels at the finish line and on the 10k course Start and Finish at The Hangout Coastal Tri-It-On Turnaround - Turnaround at 1 mile mark - Intermediate Distance Turnaround - Just west of Callaway Pass - - Course Elevation Nice and Flat! But plan on no shade if a bright sunny day and prepare accordingly with sunglasses, sunscreen and a hat or visor. © MapMyFitness, LLC, All Rights Reserved, 2005-2008 | View more maps online at: Find this route online at http:// www.mapmyride.com/ run/ united- states/ al/ gulf- shores/357124804263282455 Distance values on this map may differ slightly from values reported on the route engine. Alabama Coastal Triathlon Police Locations and Estimated Timeline 7/31/13 Location Assignment Arrive Finish # Need Name Notes Bike - Beach Blvd / E 1st Street Controlling Traffic to let Bikers Out Onto Course 6:30 AM 10:45 AM 1 Gulf Shores Police Need Cones Bike - Beach Blvd / E 2nd Street Controlling Traffic 6:30 AM 10:45 AM 1 Gulf Shores Police Bike - Beach Blvd / E 3rd Street Controlling Traffic 6:30 AM 10:45 AM 1 Gulf Shores Police Bike - Beach Blvd / E 4th Street Controlling Traffic 6:30 AM 10:45 AM 1 Gulf Shores Police Bike - Hwy 135 / E. Beach Blvd Traffic Light Controlling Traffic 6:30 AM 10:45 AM 1 Gulf Shores Police Bike - State Park Rd 2 / E. Beach Blvd Traffic Light Controlling Traffic 6:30 AM 10:45 AM 2 Gulf Shores Police Before Bike Turnaround on State Park 2 Controlling Traffic from 135 / Protect State Park 2 6:30 AM 10:45 AM 1 Gulf Shores Police Bike Finish back into Transition Area Slowing and turning bikers back into transition area 6:30 AM 11:00 AM 2 Gulf Shores Police Hwy 180 / Hwy 135 1 Hwy 59 / W 3rd Volunteer or Police? Hwy 59 / W 4th Volunteer or Police? Hwy 59 / W 5th Volunteer or Police? Hwy 59 / W 6th Volunteer or Police? Hwy 59 / Windmill Ridge Volunteer or Police? Hwy 59 / W 8th Volunteer or Police? Hwy 59 / W 12th Volunteer or Police? Hwy 59 /E 13th Volunteer or Police? Hwy 59 / 1st Street Volunteer or Police? Run Course on West Side of Callaway Pass Controlling Traffic: Runners do cross the bridge to TA 8:45 AM 11:30 AM 1 Gulf Shores Police Bruno's Shopping Center Traffic Light Controlling Traffic & Keeping Bikers Straight East&West 7:00 AM 10:15 AM 1 Orange Beach Police Publix Shopping Center Traffic Light Controlling Traffic & Keeping Bikers Straight East&West 7:00 AM 10:15 AM 2 Orange Beach Police Traffic Light at Orange Beach Blvd Directing bikers straight to and from the Pass 7:00 AM 10:00 AM 2 Orange Beach Police East of Perdido Pass in West Bound Lane Controlling Traffic to stay in inside lane / bikes outside 7:00 AM 10:00 AM 1 Orange Beach Police Need Cones CLOSURES & CONES: Cones every 100 feet from The Hangout to State Park 2 and Return. Keep bikes in outside lane going EAST and inside lane coming back WEST to The Hangout State Park Road 2 except to local traffic using State Park Golf Course and Campground Areas W. 1st Street to E.1st Street Hwy 59 & 1st Avenue to Hwy 182 Gulf Place Closed No parking in any beach side lots All Parking on North Side Alabama Coastal Triathlon Police Locations and Estimated Timeline 7/31/13 EVENT TIMELINE: Short Course(300y/7miles/2 miles) Fastest Racer Slowest Start Swim 7:00 Racer 7:22 Finish Swim / Start Bike 7:05 7:30 Bike Finish / Run Start 7:22 8:20 Run Finish (Overall Race Finish) 7:34 8:50 Long Course (1.5k/40k/10k) Fastest Racer Slowest Start Swim 7:30 Racer 7:50 Finish Swim / Start Bike 7:48 8:50 Bike Finish / Run Start 8:48 10:50 Run Finish (Overall Race Finish) 9:23 12:00 7-31-2013 RE: Brett-Robinson Triathlon-September 7, 2013 To Whom It May Concern, Team-Magic has permission from The Hangout to use our property for the Brett-Robinson Triathlon held in Gulf Shores, AL on September 7, 2013. If you have any questions or require any additional information please contact me on my cell phone at 407-592-6483. Brad Cohen Director of Operations-The Hangout TO: Mayor Craft & Members of the City Council FROM: Andy Bauer, Director of Planning & Zoning SUBJECT: Claude Peteet Mariculture Center Sign Request DATE: August 19, 2013 ISSUE: The Claude Peteet Mariculture Center seeks City Council approval in order to place one sign within City rights-of-ways for the purposed of notifying customers of their new location. RECOMME DATIO : The Planning Department recommends the City Council approve a temporary sign permit for the placement of one Claude Peteet Mariculture Center sign within the City right-of-way at the intersection of Waterway East Boulevard and Commerce Drive (entrance to the Industrial Park). The amount of time the sign may be in place shall be the lesser of the following: • One (1) year; or • The erection of a City Wayfinding sign indicating the location of the Claude Peteet Mariculture Center. BACKGROU D: Mr. Kevin Anson, representing the Claude Peteet Mariculture Center, submitted a request to the City to place one sign within the City of Gulf Shores right-of-way to notify customers of the mariculture center of their new location. The mariculture center recently completed a new addition and center’s entrance is now on Commerce Drive instead of Waterway East Boulevard. Article 18-3 H. Erection of Signs In Special Cases states special case signs are limited to 14 days annually and shall be placed on-site. Requests for posting for longer than 14 days or for signs placed in a public right-of-way may only be approved by the City Council. PREVIOUS COU CIL ACTIO : Not Applicable BUDGET IMPLICATIO S: Not Applicable RELATED ISSUES: Not Applicable ATTACHME TS: Mariculture Center Sign Location Map  Aerial Showing Proposed Mariculture Sign Location #1 and Location #2. Mariculture Center prefers Location #1 Location #1 Superimposed Sign Photo Location #2 Superimposed Sign Photo DATE: August 15, 2013 ISSUE: Acceptance of Intergovernmental Service Agreement between the City and the Baldwin County Commission to share costs associated with developing a Travel Demand Model for South Alabama by Skipper Associates, Inc. for an amount not to exceed $40,000 that will be split equally between the Baldwin County Commission, City of Foley, City of Orange Beach and the City of Gulf Shores. RECOMME DATIO : Accept Intergovernmental Service Agreement for sharing the costs for developing the Travel Demand Model for South Alabama at a total cost to the City of $10,000. BACKGROU D: The City has been working with Skipper Associates to develop future traffic demands for Gulf Shores to aid in the planning of traffic related infrastructure. A combined effort by Baldwin County, Foley, Orange Beach and Gulf Shores would allow for a regional approach to developing a multitude of transportation projects that could be implemented to address present and future traffic demands. PREVIOUS COU CIL ACTIO : Council approved task agreement with Skipper Associates to perform a future transportation demand study to aid the City in developing and prioritizing transportation improvements. BUDGET IMPLICATIO S: Funding for this project will be provided by the bond account titled Roadway and Signal Improvements, account no. 35-879-85200. RELATED ISSUES: Skipper Associates various transportation improvement projects. ATTACHME T: • Intergovernmental Service Agreement. • Skipper Associates proposed scope of work. DEPARTME T: Public Works General Services STAFF CO TACT: Mark Acreman  INTERGOVERNMENTAL SERVICE AGREEMENT This Intergovernmental Service Agreement (“Agreement”) is entered into by and between the Baldwin County Commission (hereinafter “County”) and the City of Gulf Shores, Alabama (hereinafter “City”), as follows: RECITALS Whereas, County is the duly formed governing body in and for Baldwin County, Alabama, and City is an incorporated municipality of the State of Alabama; and Whereas, County proposes to enter into an agreement with On-Call Consultant, Skipper Consulting, Inc. (hereinafter “Consultant”) to develop a Travel Demand Model for South Baldwin County, to include the City of Foley, City of Gulf Shores and City of Orange Beach. Whereas, County and City now wish to enter into this Agreement to provide for their joint cooperation to fund an estimated cost not to exceed $40,000.00, to be split equally between Baldwin County, the City of Foley, the City of Gulf Shores and the City of Orange Beach. Whereas, County proposes to enter into separate like Agreements with the City of Foley and the City of Orange Beach for joint cooperation funding. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the sufficiency of which being hereby acknowledged, County and City do hereby agree as follows: 1. Recitals: The recitals set out above are incorporated into this Agreement, as though the same were set out in full in this paragraph. 2. Purpose: The parties acknowledge and agree that the purpose of this Agreement is to develop a travel demand model for South Baldwin County. 3. Financing and Budgeting: Each party shall be equally responsible for financing the obligations undertaken by that party hereunder, and shall not be responsible for financing, or in any other manner contributing to the costs or expenses of the obligations undertaken by the other party unless expressly identified herein. 4. Approval and Effective Date: This Agreement shall become effective upon the date of full execution by both parties (“Effective Date”). 5. Term: The term of this Agreement shall be either for twelve (12) months from its Effective Date or until such earlier time as the final project invoice is paid in full. This document may be amended only upon written approval by the Parties hereto, and any such amendment shall be approved by the same method by which this original contract has been approved by the Parties. 6. Services to be Performed by County: A. Enter into agreement Consultant and issue a Notice to Proceed with development of a travel demand model for South Baldwin County. 1 of 5  B. Provide Consultant information required to perform travel demand model, including but not limited to, existing plans, reports, studies, project schedules and similar information as requested. C. Provide funding in the amount of 25% of the actual cost of the cost of the Travel Demand Model. 7. Services to be Performed by City: A. Comply with all necessary local, State and Federal rules, regulations and laws applicable to the Project and this Agreement. B. Provide Consultant information required to perform travel demand model, including but not limited to, existing plans, reports, studies, project schedules and similar information as requested. 8. C. Provide funding in the amount of 25% of the actual cost of the cost of the Travel Demand Model. 9. Termination and Notice: Notwithstanding the foregoing, either party may terminate this Agreement, with or without cause, upon written notice to the other party. A party’s said notice shall be deemed effective, and the Agreement deemed terminated, thirty (30) days after the date such notice is mailed by certified mail to the other party. In the event of termination by either party, the City shall be responsible for all costs incurred by the County through the date of receipt of the requisite termination notice. All notices provided for herein shall be sent as follows: To City: City of Gulf Shores 203 Clubhouse Drive, Suite A Gulf Shores, Alabama 36542 To County: Baldwin County Commission 312 Courthouse Square, Suite 12 Bay Minette, Alabama 36507 10. Indemnity: City accepts the improvement, work, property, product, funds and services of the County as a result of the Project in its “WHERE IS”, “AS IS”, condition and acknowledges that the County has made no representation or warranty to City as to, and has no obligation for the condition of the improvements, work, property, product, funds and services of the County. However, nothing contained herein shall prevent either party from good faith performance of the services to be performed under the terms of this agreement including without limitation the remediation or correction of any work or services performed by either party hereunder. City assumes the risk of any latent or patent defects or problems that are or may be contained in the improvements, work, property, product, funds and services of the County or City. City agrees that the County shall not be liable for any injury, loss or damage on account of any such defects or problems. City for itself and City Representatives waive and release the County from any claims for injury to persons or damage to the personal property by reason of the condition of the improvements, work, property, product, funds and services of the County or otherwise. Furthermore, City shall defend, indemnify, and hold County harmless from and against all demands, actions, and claims of any description whatsoever, for property damage, personal injury (including death), actions in trespass, and all other claimed loss, injury or damage, 2 of 5  including, but not limited to, attorneys' fees and costs, arising out of, relating to, or resulting from any and all acts or omissions in relation to the obligations hereunder. The above provisions contained in this section 11 shall not apply to any private contractor or subcontractor performing improvements or work on behalf of the County and, to the extent not exclusive of the County, the City shall be entitled to the benefit of all warranties, representations and legal or equitable rights available to it, or available to the County, under Alabama law or pursuant to the terms of all agreements between such private contractor or subcontractor and the County. All guarantees, duties, representations, assurances, without limitation, contained within this Agreement shall survive and exist beyond the date of termination or expiration of this Agreement, and time, or the lapse thereof, shall not be used for, or argued as a defense for the City, against the same. Nothing contained herein shall be construed to limit or modify the laws of Alabama as the same may apply to the County or City or in any way diminish any immunity, absolute or qualified, to which the County and City are otherwise entitled by law. 11. Entire Agreement: This Agreement represents the entire and integrated agreement between County and City and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the parties. 12. Both Parties Contributed Equally to the Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both County and City have contributed substantially and materially to the preparation of this Agreement. 13. Failure to Strictly Enforce Performance: The failure of either party to insist upon the strict performance of any of the terms, covenants, agreements and conditions of this Agreement shall not constitute a default or be construed as a waiver or relinquishment of the right of a party to thereafter enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 14. Assignment: Neither this Agreement nor any interest herein shall be assigned, transferred or otherwise encumbered without a prior written agreement providing for such assignment, transfer, or other encumbrance, signed by the parties. 15. Choice of Law: The parties acknowledge and agree that this Agreement shall in all respects be governed by the laws of the state of Alabama, including without limitation all issues relating to capacity, formation, interpretation, and available remedies, without regard to Alabama conflict of law principles. 3 of 5  IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of full execution below. COUNTY: BALDWIN COUNTY / J. TUCKER DORSEY / DATE CHAIRMAN ATTEST: / DAVID A. Z. BREWER / DATE COUNTY ADMINISTRATOR STATE OF ALABAMA ) COUNTY OF BALDWIN ) I, , a Notary Public in and for said County, in said State, hereby certify that J. TUCKER DORSEY and DAVID A. Z. BREWER, as Chairman and County Administrator of the Baldwin County Commission, respectively, and whose names are signed to the foregoing instrument and who are known to me, acknowledged before me on this date that, being informed of the contents of said instrument, they executed the same voluntarily for and as an act of the Baldwin County Commission. Given under my hand and official seal, this the day of , 2013. _______________________________________ Notary Public My Commission Expires: CITY: THE CITY OF GULF SHORES / Mayor Robert Craft /Date ATTEST: / City Clerk /Date 4 of 5 STATE OF ALABAMA COUNTY OF BALDWIN I, _____________________________________, a Notary Public, in and for said County in said State, hereby certify that MAYOR ROBERT CRAFT, AS MAYOR OF THE CITY OF GULF SHORES, ALABAMA, whose name is known to me, acknowledged before me on this day that, being informed of the contents of this instrument, he executed the same with full authority to do so, as an act of the City of Gulf Shores, Alabama. Given under my hand and official seal, this the _______ day of ____________, 2013. ______________________________________ Notary Public My Commission Expires:________________ 5 of 5  Scope of Work South Baldwin Travel Demand Model Development Baldwin County, Alabama Skipper Consulting, Inc. proposes to develop a travel demand model for an area of Baldwin County bordered by the Florida State line to the east, Mobile Bay to the west, County Road 104/U.S. Highways 90 to the north and the Gulf of Mexico to the south for fixed fee of $29,300. The proposed model would utilize the CUBE 6.0 software which is used by the Eastern Shore Metropolitan Planning Organization. The proposed scope of work is as follows: Task 1: Traffic Counts – The consultant proposes to conduct ten (10) twenty‐four hour traffic counts to supplement existing traffic counts that may be available from ALDOT, Baldwin County, the City of Foley, the City of Gulf Shores and the City of Orange Beach. Task 2: Collect Base Year Socio Economic Data ‐ The consultant will collect the socio economic data necessary to develop a travel demand model for South Baldwin County. The data will include the number of occupied housing units, the number of vacation rental units, the number of tourist destinations (I.e. amusement parks, miniature golf etc.), the number of retail jobs, the number of hospitality jobs, the number of non‐retail jobs and school enrollment. Task 3: Develop Existing Year Model Network – The consultant will review the current roadway model network for Baldwin County. The South Baldwin area will be extracted from the Baldwin county model. Significant local roadways in the Cities of Foley, Gulf Shores and Orange Beach will be added to the model network. The consultant will conduct a field review of the roadways that were added to the model. Data to be surveyed includes number of lanes, one‐way treatment, intersection traffic control, interchange configurations, posted speed, and urban/rural characteristics. A model that replicates the South Baldwin roadway system will be built for use in CUBE 6.0. Task 4: Existing Year Trip Generation ‐ Using methods outlined in the Institute of Transportation Engineers' (ITE) publication Trip Generation, Ninth Edition, base year internal to internal trip productions and attractions will be determined. Base year internal to external productions and attractions will also be developed. New base year external to external productions and attractions will be determined. Task 5: Calibrate and Validate the Base Year Travel Demand Model ‐ Using CUBE 6.0, the base year trips will be assigned to the base year roadway network using a equilibrium analysis technique. Using screen lines and cutlines, the results of the assignment will be compared to existing traffic counts. The level of calibration will be determined, and subsequent adjustments and assignments will be made until calibration is achieved and the network validated.  MEMO: COUNCIL AGENDA SUMMARY DATE: August 14, 2013 ISSUE: FAA/Airport Authority Grant Agreement BACKGROUND: 90/10 Grant for airport development – Rehabilitation of Runway 9/27 (seal cracks and re-mark) 90% FAA Funding - $151,535.00 10% AA Funding - $ 15,153.50 RECOMMENDATION: Staff recommends approval of acceptance of grant. PREVIOUS COUNCIL ACTION: None BUDGET IMPLICATIONS: None to City. Airport Authority has budgeted $15,153.50 in matching funds. RELATED ISSUES: None ATTACHMENTS: Grant Agreement DEPARTMENT: Airport STAFF CONTACT: Steve Griffin, City Administrator **(Always include source for budget funding–ex. Bond Fund)