Regular Council Meeting Agenda 1 Court Square Council Chambers of Criminal Justice Building Monday, March 5, 2018 --- Meeting at 5:30 p.m. Call to Order: Council President Opening Prayer: Tony Harris from Family Worship Center Pledge of Allegiance: Chief Turner Approval of Minutes: February 19, Regular Council Meeting Minutes Approval of Agenda: Monday, March 5, 2018 Public Hearing: None Reports from Standing Committees: Finance Committee: Chairperson Spraggins Public Safety Committee: Chairperson Tapley Utilities Committee: Chairperson Funderburk Parks and Recreation Committee: Chairperson Hardy Public Works Committee: Chairperson Brown Buildings and Properties Committee: Chairperson Colvin Reports from Special Committees: None Unfinished Business: None New Business: 1. A Resolution to Set a Public Hearing for Monday, April 2, 2018, to Hear Public Comments Regarding the Adoption of the 2015 Fire and Building Codes. 2. A Resolution to Approve the Alabama Bass Trail Expense for the Chamber of Commerce. 3. A Resolution to Authorize the Mayor to Execute an Agreement with the Tallapoosa County E-911 to Lease Antenna Space on the Mt. Airy Water Tower. 4. A Resolution to Authorize the Mayor to Enter into a Contract with Xerox. 5. A Request to Approve an Alcohol License Application Transfer for Walgreen Co. 6. A Request to Approve Strand Sessions. 7. A Request to Approve the Blues in the Park Event. Comments from the Mayor: Comments from the Finance Director: Comments from the City Clerk: 1. Board of Education Vacancy
Comments from the Council: Adjournment:
RESOLUTION NO. _18-______ A Resolution to Set a Public Hearing for Monday, April 2, 2018, to Hear Public Comments Regarding the Adoption of the 2015 Fire and Building Codes. BE IT RESOLVED, the City Council of Alexander City, Alabama hereby sets a public hearing during the regularly scheduled Council meeting scheduled for Monday, April 2,2018, at 5:30 PM to hear public comments regarding the adoption of the 2015 Fire and Building Codes. The City Clerk is hereby instructed to publish the Notice of the Public Hearing in the Alexander City Outlook. ADOPTED AND APPROVED this 5th day of March 2018. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 5th day of March 2018. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 5th day of March 2018. ________________________________ City Clerk of the City of Alexander City, Alabama SEAL Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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RESOLUTION NO. _18-______ A Resolution to Approve the Alabama Bass Trail Expense for the Chamber of Commerce. WHEREAS, the City of Alexander City, Alabama, would like to support the Alabama Bass Trail for an amount of $8,500; and WHEREAS, it is recommended to amend the 2017/2018 Budget for an amount not to exceed $8,500; and NOW THEREFORE, BE IT RESOLVED, the City Council of Alexander City, Alabama hereby supports the Alabama Bass Trail and amends the 2017/2018 Budget for an amount not to exceed $8,500.00. ADOPTED AND APPROVED this 5th day of March 2018. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 5th day of March 2018. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 5th day of March 2018. ________________________________ City Clerk of the City of Alexander City, Alabama SEAL Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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RESOLUTION NO. _18-______ A Resolution to Authorize the Mayor to Execute an Agreement with the Tallapoosa County E-9-1-1 to Lease Antenna Space on the Mt. Airy Water Tower. WHEREAS, the City of Alexander City, Alabama, would like to participate in the efforts to improve communications in Tallapoosa County; and WHEREAS, the Tallapoosa County E-9-1-1 Board is implementing a County-Wide Digital Radio Communications System and would like to utilize the antenna space on the Mt. Airy Water Tower; and NOW THEREFORE, BE IT RESOLVED, the City Council of Alexander City, Alabama hereby authorizes the Mayor to execute an ongoing agreement with the Tallapoosa County E-9-1-1 to lease antenna space on the Mt. Airy Water Tower. ADOPTED AND APPROVED this 5th day of March 2018. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 5th day of March 2018. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 5th day of March 2018. ________________________________ City Clerk of the City of Alexander City, Alabama SEAL Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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Tower and Building Use Agreement In an effort to improve communications in Tallapoosa County, the Tallapoosa County 9-1-1 Board is implementing a County-Wide Digital Radio Communications System. This system will be used by the public safety agencies in Tallapoosa County, serving the residents of Tallapoosa County. As part of the infrastructure of this system, there is equipment that would need to be located on the Mt. Airy Water Tower site at 3345 Highway 280, Alexander City, Alabama. Tower Use Agreement as follows: This Tower and Building Use Agreement is entered into on this day ______________________, 20__ between The City of Alexander City and The Tallapoosa County 9-1-1 Board. For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The City of Alexander City owns the Mt. Airy Water Tower (the "Tower") and the on-site Building (the “Building”) located in Alexander City Alabama within Tallapoosa County. The City of Alexander City hereby agrees for the Tallapoosa County 9-1-1 Board to occupy space inside the on-site building (“the Building) and occupy space on Cat Walk and on (the “Tower”) for equipment including antennas, lines, mounts, repeaters, microwave and other components necessary for the operation of the communications system. Tower Location and Information is further described in Exhibit “A”.
2. The Tallapoosa County 9-1-1 Board shall occupy space on (the “Tower”) and (“the Building”) site free of charge from City of Alexander City.
3. The City of Alexander City shall notify the Tallapoosa County 9-1-1 Board 30 days in advanced of any interruption of service whether due to maintenance, painting, etc., of the equipment on (the “Tower”) and/or (“the Building”) in which the equipment is located on site.
4. The term of this Agreement shall be until (the “Tower”) and or (“the Building”) is removed or the equipment is no longer needed. This Agreement shall automatically renew each year on the anniversary date of the Agreement, unless the Tallapoosa County 9-1-1 Board notifies the City of Alexander City of its intention of vacating (the “Tower”) and or (“the Building”)
5. The City of Alexander City is to furnish all electric power necessary for the operation of the equipment of the Tallapoosa County 9-1-1 Board at this location. T h e City of Alexander City is expected to maintain (“the Tower”) and (“the Building”), including lighting, maintenance, painting, and other repairs. The Tallapoosa County 9-1-1 Board is responsible for maintenance of equipment owned by the Tallapoosa County 9-1-1 Board.
6. The Tallapoosa County 9-1-1 Board or its agents shall have access to the Premises without notice to the City of Alexander City twenty-four (24) hours a day, seven (7) days a week. It is understood and agreed that the Tallapoosa County 9-1-1 Board retains title to and may remove any equipment owned by Tallapoosa County 9-1-1 Board located on the premises of the City of Alexander City. The Tallapoosa County 9-1-1 Board agrees to repair any damage to (“the Tower”) and or (“the Building”) that may be caused by equipment that they have previously installed.
7. The Tallapoosa County 9-1-1 Board and the City of Alexander City shall operate the Facilities in a manner that will not cause interference to either party. In the event interference occurs, both parties agree to take all action necessary to eliminate such interference, in a reasonable time period. If interference cannot be resolved, either party may terminate this Agreement.
8. The Tallapoosa County 9-1-1 Board shall indemnify and hold the City of Alexander City harmless from all claims (including attorneys’ fees, costs and expenses of defending against such claims) arising from the negligence or willful misconduct of the Tallapoosa County 9-1-1 Board or the Tallapoosa County 9-1-1 Board’s agents or employees in or about the Property. The City of Alexander City shall indemnify and hold the Tallapoosa County 9-1-1 Board harmless from all claims (including attorneys’ fees, costs and expenses of defending against such claims) arising or alleged to arise from the acts or omissions of the City of Alexander City or the City of Alexander City’s agents, employees, licensees, invitees, contractors or other tenants occurring in or about the Property.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF ALEXANDER CITY:
TALLAPOOSA COUNTY 9-1-1 BOARD
By:
By:
Date:
Date:
Title:
Title:
Exhibit “A” Tower Location and Information Address: Mt. Airy Water Tower, 575 Tallapoosa Street, Alexander City, AL 35010 Coordinates: Latitude: 32.9440901 Longitude: -85.9466396
RESOLUTION NO. _18-______ A Resolution to Authorize the Mayor to Enter into a Contract with Xerox. WHEREAS, the City of Alexander City, Alabama, would like to lease one printer/scanner/copier from Xerox; and WHEREAS, the lease is for 36 months for a monthly amount of $204.34; and WHEREAS, the cost of the lease is included in the 17/18 Budget; and NOW THEREFORE, BE IT RESOLVED, the City Council of Alexander City, Alabama hereby authorizes the Mayor to enter into a 36-month lease with Xerox. ADOPTED AND APPROVED this 5th day of March 2018. ATTEST: ___________________________ Amanda F. Thomas, City Clerk
_________________________________ Thomas J. Spraggins, Council President _________________________________ James D. Nabors, Mayor
CERTIFICATION OF CITY CLERK The undersigned, as City Clerk of the City of Alexander City, Alabama, hereby certifies that the foregoing is a true, correct and complete copy of Resolution No. _______which was adopted by the City Council on this 5th day of March 2018. WITNESS MY SIGNATURE, as City Clerk of the City Alexander City, Alabama, under the seal thereof, this 5th day of March 2018. ________________________________ City Clerk of the City of Alexander City, Alabama SEAL Ayes: ____________________________________________________________________ Nays: ____________________________________________________________________
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Council Internal Request Memo
February 23, 2018 Submittal Date: ________________ *Any written request to be placed on the agenda of the regular meeting must be submitted to the City Clerk by close of business on Friday (ten days) before the meeting of the Council.
IT and City Clerk Department: _____________________________
Resolution Ordinance or Resolution: ___________________ To authorize the Mayor to enter into a 36 month lease agreement with Xerox. The monthly base amount is $204.34. Description: ___________________________________________________________________________ The plan consumable supplies. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________
Amount Requested: _________________ Capital_______ Operational_______ Is the requested amount budgeted? If so, reference budget year and/or resolution or ordinance. Included in the 2017/2018 Budget _____________________________________________________________________________________ _____________________________________________________________________________________ Are there any contracts, agreements or proposals that will need to be signed by the Mayor? If so, attach. 36 months from install date Is there an expiration and/or renewal date? If so, include. _____________________________________ no Will anyone be conducting a presentation to the Council? If so, who? ____________________________
Other Needed Information: ______________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________
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Lease Agreement Customer: BillTo:
CITY OF ALEXANDER CITY CITY OF ALEXANDER
Install:
4 COURT SQ ALEXANDER CITY, AL 35010
CITY OF ALEXANDER 4 COURT SQ ALEXANDER CITY, AL 35010
State or Local Government Negotiated Contract : 072717100
Solution Product Description
Agreement Information
Item
Requested Install Date
1. C8055H (XEROX C8055H) Lease Term: Purchase Option:
- 1 Line Fax - Office Finisher Lx
36 months FMV
2/23/2018
Monthly Pricing Item
Lease
Print Charges
Maintenance Plan Features
Minimum Payment
Meter
Volume Band
Per Print Rate
$204.34
1: Black and White Impressions
All Prints
$0.0054
2: Color Impressions
All Prints
$0.0400
1. C8055H
Total
$204.34
- Consumable Supplies Included for all prints - Pricing Fixed for Term
Minimum Payments (Excluding Applicable Taxes)
Authorized Signature Customer acknowledges receipt of the terms of this agreement which consists of 2 pages including this face page.
Signer: James D. Nabors
Phone: (256)329-6700
Signature:
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Date:
Thank You for your business! This Agreement is proudly presented by Xerox and
Eden McMurray (334)734-1383 For information on your Xerox Account, go to www.xerox.com/AccountManagement
Confidential - Copyright© 2008 XEROX CORPORATION. All rights reserved.
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Lease Agreement Terms and Conditions
INTRODUCTION: 1. NEGOTIATED CONTRACT. The Products are subject solely to the terms in the Negotiated Contract identified on the face of this Agreement, and, for any option you have selected that is not addressed in the Negotiated Contract, the then-current standard Xerox terms for such option. GOVERNMENT TERMS: 2. REPRESENTATIONS & WARRANTIES. This provision is applicable to governmental entities only. You represent and warrant, as of the date of this Agreement, that: (1) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with this Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including all applicable laws governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Products) and are valid, legal, binding agreements, enforceable in accordance with their terms; (3) the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body and hold the offices indicated below their signatures, each of which are genuine; (4) the Products are essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and will be used during the Term only by you and only to perform such function; and (5) your payment obligations under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues, and any provision that is so construed by a court of competent jurisdiction is void from the inception of this Agreement. 3. FUNDING. This provision is applicable to governmental entities only. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the purchase/maintenance of the Products, and it is your intent to use the Products for the entire term and to make all payments required under this Agreement. If (1) through no action initiated by you, your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this
WS T18750 02/27/2018 11:40:52
termination, you must, at least 30 days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds, notify Xerox in writing that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums then owed through the current year under this Agreement. You will return the Equipment, at your expense, to a location designated by Xerox and, when returned, the Equipment will be in good condition and free of all liens and encumbrances. You will then be released from any further payment obligations beyond those payments due for the current fiscal year (with Xerox retaining all sums paid to date). PRICING PLAN/OFFERING SELECTED: 4. FIXED PRICING. If "Pricing Fixed for Term" is identified in Maintenance Plan Features, the maintenance component of the Minimum Payment and Print Charges will not increase during the initial Term of this Agreement. GENERAL TERMS & CONDITIONS: 5. REMOTE SERVICES. Certain models of Equipment are supported and serviced using data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to your network ("Remote Data") via electronic transmission to a secure off-site location ("Remote Data Access"). Remote Data Access also enables Xerox to transmit Releases of Software to you and to remotely diagnose and modify Equipment to repair and correct malfunctions. Examples of Remote Data include product registration, meter read, supply level, Equipment configuration and settings, software version, and problem/fault code data. Remote Data may be used by Xerox for billing, report generation, supplies replenishment, support services, recommending additional products and services, and product improvement/development purposes. Remote Data will be transmitted to and from you in a secure manner specified by Xerox. Remote Data Access will not allow Xerox to read, view or download the content of any of your documents or other information residing on or passing through the Equipment or your information management systems. You grant the right to Xerox, without charge, to conduct Remote Data Access for the purposes described above. Upon Xerox's request, you will provide contact information for Equipment such as name and address of your contact and IP and physical addresses/locations of Equipment. You will enable Remote Data Access via a method prescribed by Xerox, and you will provide reasonable assistance to allow Xerox to provide Remote Data Access. Unless Xerox deems Equipment incapable of Remote Data Access, you will ensure that Remote Data Access is maintained at all times Maintenance Services are being performed.
Confidential - Copyright© 2008 XEROX CORPORATION. All rights reserved.
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